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Home My WebLink AboutLFMP 09B; LOCAL FACILITIES MANAGEMENT PLAN ZONE 09B FINANCE PLAN; LOCAL FACILITIES MANAGEMENT PLAN ZONE 9 FINANCE PLAN; 1994-07-06/ ZONE9 FINANCE PLAN Prepared For: Prepare<l·By:t ,:" . • -I . ~-:.~!-~~ _; ·:::~-~ :·1. ., '. HOFMANPLANMNG~-OGQreE&.9 •'·· 2386 Faraday!~ventW,·.~soue,13) , · \ Carlsbad., CA1 .. ;92008 . •· (619) 4384465:;,'r t· ' • • July 6, 1~94 ' . : •:, -~ .:J TABLE OF CONTENTS I. INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 II. FINANCING MECHANISMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 III. COORDINATION WITH FINANCING PLANS FOR OTHER ZONES . . . . . . 2 IV. FINANCE PLAN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 A. CITY ADMINISTRATIVE FACILITIES . . . . . . . . . . . . . . . . . . . . . 6 B. LIBRARY FACILITIES . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 C. WASTEWATER TREATMENT FACILITIES . . . . . . . . . . . . . . . . . 8 D.. PARK FACILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 E. DRAINAGE FACILITIES .............................. 10 F. CIRCULATION FACILITIES ........................... 14 · G. FIRE FACILITIES ... · ............................... 23 H. OPEN SPACE ..................................... 24 I. SCHOOL FACILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 I. SEWER FACILmES . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . 21 K. WATER FACILmES ................................ 35 LIST OF EXHIBITS Exhibit 1 -Zone 9 Finance Area . . . . . . . . . . . . . . . . . . . ·. . . . . . . . . . . . . . . . 3 Exhibit 2 -Zone 9 LFMP Finance Summary (Page 1 of 2) . . . • . . . . . . . . . . . . . . . 4 Zone 9 LFMP Finance Summary (?age 2 of ~) . . . . . . . . . . . . . . . . . . 5 APPENDICES A. Finance Matrix B. School Agreement C. Property Owner List With Reference M,ap i ZONE 9 -FINANCE PLAN I. INTRODUCTION The Zone 9 Finance Plan details how the public facilities and improvements required of Zone 9 to maintain the adopted Growth Management performance standards · will be financially guaranteed. This Finance Plan addresses the prevailing special conditions contained either in the originally adopted 1989 Zone 9 Local Facilities Management Plan (LFMP) or the Zone 9 LFMP Amendment approved January 4, 1994. The original LFMP, LFMP Amendment and this financing plan were prepared pursuant to the City's Growth Management Program and Chapter 21.90 of the Carlsbad Municipal Code. The 1994 LFMP Amendment included revisions to the Circulation Section originally identified in the 1989 LFMP. · The LFMP Amendment to Circulation was based on the traffic report prepared for the Poinsettia Shores Master Plan. The Poinsettia Shores Master Plan represents all remaining future development in Zone 9. Since the approval of the original 1989 LFMP, a number of changes have also occurred in the City that have affected the sizing and location of facilities identified in the original zone plan. The majority of these changes do not necessitate an amendment to the original zone plan, as the zone plan and finance plan remain consistent with approved City documents. Specifically, the Sewer, Water and Drainage Sections are updated in this Finance Plan to be consistent with new Sewer, Water and Drainage Master Plans prepared by the City. Any changes to Sewer, Water and Drainage facilities, if necessary, will be detailed and discussed within the respective Facility Section. The format for this Finance Plan will consist of 1) identifying the original zone plan conditions, 2) identifying and discussing any changes to the conditions, if any and 3) identifying the financing mechanism and estimated cost needed to ensure the timely provision of the facility. II. FINANCING MECHANISMS Several financing techniques are being used to address both the need for upgrading facilities, enabling them to conform with the adopted performance standards, and to ensure conformance of future facilities as development occurs. The following financing techniques will be used to guarantee the public facilities needed to serve future development within Zone 9: Community Facilities District No. 1 Development in Zone 9 will contribute to a number of citywide and regional facilities, such as city administrative offices, library facilities and Veteran's Memorial Park, through participation in the citywide Community Facilities District No. 1. July 6, 1994 1 Zone 9 Finance Pl.an Developer Funding Many of the drainage, sewer and water improvements will be directly funded and constructed by the developer(s). Facilities earmarked for developer funding are limited to those which normally would have been imposed as a condition of approval of a tentative map under the City's existing development review process. Without these essential facilities, the associated subdivisions could not be . developed. Therefore, the City is already guaranteed that these specific facilities will be constructed concurrent with need; no further action is required at this time. Reimbursement Agreements with the City When appropriate, the City may enter into a reimbursement agreement or fee credit with the developer for any facility which is •included in a City impact fee program. The source of reimbursement shall be from the appropriate City impact fee. The schedule for reimbursement shall be based on the City's capital improvement program and the availability of unobligated impact fee revenue. Private Reimbursement Agreements Among Property Owners Several facilities discussed in this plan are also required of other zones and property owners. Developers of Zone 9 may enter into private agreements with other property owners to address reimbursement for such facilities. Any such agreement must be recorded against the title of the participating properties and a copy of the recorded document must be provided to the City's Growth Management Division. ill. COORDINATION WITH FINANCING PLANS FOR OTHER ZONES Pursuant to the Growth Management Ordinance, future finance plans for other zones which impact facilities in common with Zone 9 shall be coordinated with this finance plan. Coordination, however, shall not require identical funding methods. July 6, 1994 2 Zone 9 Finance Plan Legend --;:=s Existing Areas of Development (not a part) Railroad Track 1 Finance Area ,, .... I I •J West of 8 I I 5 I 'I -4 0 --....___I ;;; I ?I " Cl) r.,, I I I I 9 I ' ~~ Hofman Planning ~31 A s s o c · i a t e s Exhibit 1 • Zone 9 Finance Areas Exhibit 2 Page 1 of2 Zone 9 LFMP Finance Summary CIRCULATION (p. 14) 1:mtngo-tapmen1-N1A Eldstngo-tapnon1-N1A EldstngDevoelopnw,I-NIA ~t.m.(l-5°""""'ss-,_..Enclnn)(p.111) Poinsellll t.m. ,~ l!hd. _,_..Ellens) (p. 19) A-,ida Endnu {Wlnlrase Clrde • Panlo Orlw!) (p. 20) ~ Ehcinas(PanloDrtve-~lllwd.) (p.21) SEWER (p. 27) Eldstngl>wllapme•NIA EldslngDIMllapnwa-NIA Exls1ng~-NIA r .,_ --.,m LFJ (p. 30) l'Yql Sllllan (p. 31) Open,tanol and MainlerwaColll larl'Ur4> Sldan (p. 32) 10"8-'Man(1,82DLF) (p.33) rs--Ma1nf1.000LFJ IP.341 Partclpdan In CFO #1 Payment at l'lmlc: Fac:illes Fees Oevelaper- Dewlaper De,,eloper- Parldpdan in CFO #1 Payment at Pldc: Faciiles Fees DIM!laper" De¥eloper Partdpetlon in CFO #1 ~of l'ldc:Fac:illesfees Developer Developer o-tope,- ~ ~ ~ ~ PatdpdonlnCFD#1 l'lrjnwtatNlk:Fldlas- Dewllaper- OIMIIDper ~ 0Maplr 0Maplr 0Maplr Plrldpallan In CFO #1 Payment at l'lmlc Facillles Fees DINelaper- DINelaper- Exhibit 2 Page 2 of 2 Zone 9 LFMP Finance Summary Pai'ISellialane(l-5CMrpes5·-Endnn)(p.18) Par1icipa10nlnCFD#1 Poinsellia Lane (Cerlsbad l!MI. --EncinH) (p. 19) Payment of l'IAllc: Faciities Fees Awnida Encinas (Wn<nSe Cln:le· Ponlo D11'1e) (p. 20) Oew,loper Averida Encinas (PanlD Dcwe-Cerlsbad l!MI.) (p. 21) Deftlopel" r Fcrce Main (323 LF) (p. 30) "'-11 SIIICln (p. 31) Operalcnl and M.....,_ Cos11 far "'-11 Sldan (p. 32) 10"S--Maln(1,6211LF) (p.33) rs-M11n11.m>LF) (p.34) Oew,loper WATER (p. 35) Payn911a1wawCamec1GnFeN 12" Wallr Main (3,450 LF) (p. 37) Dewllapll' 12"Wallr Main and 2-wayWIIIII' Melll"& PR SIIICln (p. 31) ParidpdanlnCFD#1 Paynmc of PIAllc Fac:ilies Fees o-taper' o-taper' ,..,....ofWllllrCameclanfeN o-iap.- Pancipalan in CFO #1 Paynmc of l'\IJlic Fadlties Fees Dew!loper Dew!loper Dewlopel" Pa,mnof W.WCGmeclion Fees Dewlapm' Partcipuon in CFO #1 PaJlllffll of Plmlc Fac:fflies Fees llevolope,- llevolope,- p.,._.orwawCcmec:1onF- DMapei- PwldpdoninCF0#1 Paym,,nlof Pldc Fedlles Fees ~ ~ Dewlaper l'al1icipF1lon In CFO #1 ~ of PIMc Flldltles Fees Develop.- Developor Oe,,,elopor Payrlll!l1dw.tll"CcmlclanFees o-iap., Dwalap,w llalcµlasL,_,-N/A Stale Park Land -NIA ~lagoan-NIA Slale PWII Land· NIA a..._.lagoan-NI\ Slllt PWII Land-NIA IV. FINANCE PLAN A. CITY ADMINISTRATIVE.FACILITIES 1. Conditions The following conditions were identified in the 1989 Zone 9 LFMP. For a complete analysis of City Administrative Facilities, refer to pages 41 to 48 of that document. a. General Conditions for Zone 9 If the adopted performance standard for City Administrative Facilities is not being complied with, then residential development in Zone 9 will be stopped until the standard is met. b. Special conditions for Zone 9 No special conditions are necessary at this time. 2. Changes There are no changes to the approved conditions for City Administrative Facilities. 3. Financin& July 6, 1994 Zone 9 will contribute to the funding of City Administrative Facilities through participation in Community Facilities District No. 1 and through the payment of Public Facilities Fees (PFF) at time of building permit issuance. 6 Zone 9 Rnance Plan B. LIBRARY FACILITIES 1. Conditions 2. 3. July 6, 1994 The following conditions were identified in the 1989 Zone 9 LFMP. For a complete analysis of Library Facilities, refer to pages 49 to 54 of that document. a. General Conditions for Zone 9 If the adopted performance standard for Library Facilities is not being complied with, then residential development in Zone 9 will be stopped until the standard is met. b. Special conditions for Zone 9 No special conditions are necessary at this time. Changes There are no changes to the approved conditions for Library Facilities. Financing Zone 9 will contribute to the funding of Library Facilities through participation in Community Facilities District No. 1 and through the payment of Public Facilities Fees (PFF) at time of building permit issuance. 7 Zone 9 Finance Plan C. WASTEWATER TREATMENT FACILITIES 1. Conditions The following conditions were identified in the 1989 Zone 9 LFMP. For a complete analysis of Wastewater Treatment Facilities, refer to pages 55 to 62 of that document. · The following action shall be pursued jointly by each sewer district to ensure adequate wastewater treatment capacity through the year 2000: Monitor Encina treatment plant flows on a monthly basis to determine actual flow rates and to have an early warning capacity problems. Actively pursue acceleration and phasing of treatment plant Phase IV to provide adequate capacity. · The six member agencies shall form an agreement to maxzmzze the utilization of available treatment capacity at Encina WPCF. 2. Chan~es There are no changes to the approved conditions for Wastewater Treatment Facilities. 3. Financing July 6, 1994 Zone 9 will contribute to the expansion of wastewater treatment facilities through the payment of sewer connection fees at time of building permit issuance. 8 Zone 9 Finance Plan D. PARK FACILmES 1. Conditions The following condition was identified in the 1989 Zone 9 LFMP: The property owners in Zone 9 have provided the City with $1,000,000 for the acquisition of park land in the Southwest Quadrant. However, the existing park facilities are still not in compliance with the performance standard. The Zone 9 property owners are not proposing to mitigate this cu"ent shortfall and are waiting until the City or some other Local Facilities Manageme,u -Plan resolves the current park shonages. The facility analysis has indicated that the par'l{s standard within the Southwest Quadrant is not being met. Therefore, pursuant to Section 21.90 of the Carlsbad Municipal Code, no residential development may be allowed in this quadrant until the pe,formance standard is complied with. 2. Changes Since approval of the Zone 9 LFMP, a new parks inventory has been approved that identifies a total of 57 park acres. In addition, revisions to phasing in the quadrant and adoption of a revised population generation rate have reduced projected park demand in the Southwest Quadrant. As a result, the existing and projected park facilities in the Southwest Quadrant are adequate to meet the build out population. Therefore, residential development may proceed in the quadrant as the performance standard is being met and will be met through build out of the zone. 3. Financing July 6, 1994 The $1,000,000 paid by the property owners to the City for park acquisition exceeded the amount needed to meet the demand in Zone 9. The City is currently in the process of determining the reimbursement due to the property owners within Zone 9. Additional park-in-lieu fees or dedication requirements may be required for the 113 density bonus units approved as part of the Poinsettia Shores Master Plan. The Poinsettia Shores Master Plan designated the density bonus units as 90 "affordable" units and 23 "market rate" units. The payment of the additional park-in-lieu fees or the requirement for additional park land dedication for the demand created by the density bonus units will be determined upon approval of the Tentative Map(s) or Site Development Plan for the affordable units and upon the approval of the Tentative Map(s) for any market rate units above the 451 future dwelling units or the 910 total dwelling units allowable in ?one 9 as approved in the 1989 Zone 9 LFMP. 9 Zone 9 Finance Plan E. DRAINAGE FACILmES 1. July 6, 1994 Conditions The following conditions were identified in the 1989 Zone 9 LFMP. For a complete analysis of Drainage Facilities, refer to pages 73 to 82 of that ·document. 1. Prior to the recordation of any final map, issuance of a grading permit or building permit, whichever occurs first within Zone 9, the developers are required to: (a). Pay the required drainage area fees established in the current Master Drainage Plan and; (b). Execute an agreement to pay any drainage area fees established in the forthcoming revised Master Drainage Plan. 2. Area "A" No additional facilities required. 3. Area. "B" No additional facilities required. 4. Area "C.l" No additional facilities required. 5. Area "C.2" Prior to the recordation of a.final map, issuance of a building or grading permit, whichever occurs first, for development in Area C. 2, the developer shall provide a financial mechanism guaranteeing the construction of the following drainage facilities: (a) second-tier desiltation basin south of the existing desiltation basin serving Area DB. 10 Zont 9 Finance Plan (b) construction of the 72 n to 81" storm drains extending from Poinsettia Lane to the Batiquitos Lagoon, and to include the construction of the desilting basin on the west side of the railroad right-of-way at the lagoon, together with the required connections to storm drains extending under the railroad tracks. Estimated Cost -$1 .221.620 The storm drain facilities identifkd to serve Area •c.2• must be completed prior to the occupancy of the first development in Area "C.2". 6. Area "C,3" Prior to the recordation of a.final map, issuance of a building or grading permit, whichever occurs first, for development in Area •c.3 ", the developer shall provide a financial mechanism guaranteeing the construction of the following drainage facilities: construction of the 72" to 81 " storm drains extending from Poinsettia Lane to the Batiquitos Lagoon, and from Poinsettia Lane to the Batiquitos Lagoon, and including the construction of the desilting basin on the west side of the railroad right-of-way 01 the lagoon, together with the required connections to storm drains extending under the railroad tracks. Estimated Cost -$1,179.620 The storm drain facilities identified to serve Area "C.3" must be completed prior to the occupancy of the first development in Area "C.3". 2. Changes July 6, 1994 The 1994 Zone 9 LFMP Amendment provides a brief summary of the City's latest drainage master plan. The Zone 9 Finance Plan identifies the specific changes made in the Master Drainage and Storm Water Quality Management Plan pertinent to the undeveloped areas in Zone 9. The following conditions are intended to supersede the Drainage Facilities conditions originally approved in the 1989 Zone 9 LFMP. a. Prior to the recordation of any final map, issuance of a grading permit or building permit, whichever occurs first within Zone 9, the developers are required to pay the required drainage area fees established in the current Master Drainage Plan. 11 Zone 9 Flnanc, Plan July 6, 1994 b. Area 11A" -Not a Part -No additional facilities required. c. Area 11B11 -Not a Part -No additional facilities required. d. Developed Portion of Area 11C. l" -Not a Part This is the area that includes the existing single family homes along Navigator Circle. No additional facilities are required. e. Undeveloped Portion of Area 11 C. l II and Area "C.2" are now identified as Lots 1, 2, 3, 4, 5, 6, 7, 8, 9 and Lot 79 and Area "C.3" is now identified as Area West of Railroad. During the preparation of the revised drainage master plan, it was determined that the second tier desiltation basin, located south of the existing desiltation basin adjacent to and east of Lot 4, would create significant environmental impacts. Therefore, the second tier desiltation basin, previously identified in the 1989 Zone 9 LFMP as Drainage Condition 5.(a), has been eliminated. Drainage Condition 5.(b) and Drainage Condition 6. as identified in the 1989 Zone 9 LFMP have been combined and revised. The new condition will be identified as Drainage Condition e.(i) from the 1994 Zone 9 Finance Plan. Drainage Condition 6. as identified in the 1989 Zone 9 LFMP required the construction of storm drains from Poinsettia Lane to Batiquitos Lagoon. The Zone 22 LFMP requires the construction of the same drainage facility. Therefore, this Finance Plan has revised the drainage condition for Zone 9 to require the construction of drainage facilities from the south west comer of the Lake Shore Gardens Mobile Home Park to Batiquitos Lagoon. See the condition below identified as Drainage Condition e. (i) (i) Prior to the recordatioil of a final map, issuance of a building or grading permit, whichever occurs first, for development in Lots 1-9, Lot 79 or Area West of Railroad, the developer shall provide a financial mechanism guaranteeing the construction of the following drainage facilities: construction of the 24 11 to 84 11 storm drains extending from the Lakeshore Gardens Mobile Home Park to the Batiquitos Lagoon and including the construction of the desilting basin on the west side of the railroad right-of-way at the lagoon, together with the required new storm drains extending under the railroad tracks. 12 Zone 9 Finance Plan 3. . Financing The following details the financial guarantee for the special drainage condition identified above. Drainage Condition 2.e. (i) Storm Drains From Desiltation Basin To Mobile Home Park Including Desiltation Basin Estimated Cost $1,225,607 Financing Mechanism Developer Funding Guarantee Improvement Agreement Responsible Areas Lots 1-9, Lot 79 and Area West of Railroad Financing Mechanism The developer(s) of Lots 1-9, Lot 79 or Area West of Railroad shall finance the construction of this improvement concurrent with the development of any one of these areas. This facility would normally be imposed as a condition of approval of applicable tentative maps. Guarantee The improvement listed under Drainage Condition e.(i), referenced above, if determined to be needed by the City Engineer, shall be constructed or an improvement agreement shall be provided by the developer(s) of Lots · 1-9, Lot 79 or Area West of Railroad prior to the recordation of the applicable final map. The improvement agreement shall be in accordance with Section 66462 of the Subdivision Map Act and Section 20.16.060 of the Carlsbad Municipal Code. Said improvement agreement shall be secured with one of the following forms of security as described in Section 20.16.070 of the Carlsbad Municipal Code: surety bonds, cash, irrevocable instrument of credit or letter of credit, acceptable to the Financial Management Director and the City Attorney. July 6, 1994 13 Zone 9 Finance Pl.an F. CIRCULATION FACILITIES 1. July 6, 1994 Conditions The following conditions were identified in the 1989 Zone 9 LFMP. For a complete analysis of Circulations Facilities, refer to pages 83 to 99 of that document. A. SPEC.JAL CONDITIONS FOR ZONE 9 1. An on-going monitoring program shall be established to evaluate the aspects of improvements, development, and demand on circulation facilities. 'The required timing of improvements is based upon the projected demanaof development in the zone and the surrounding region. 'This timing may be modified without amendment to this plan, however, any deletions or additions to the improvements will require amending this local plan. 2. Prior to the recordation of a.final map, issuance of a building or grading permit, whichever occurs first in Zone 9, a comprehensive .financing program guaranteeing the construction of the following circulation improvement must be approved: A. Improvements Needed Now B. None Improvements Needed by 1989 1. WINDROSE CIRCLE -Complete the construction of the entire length of Windrose Circle to secondary anerial standards including the installation of a traffic signal at Windrose Circle and Avenia Encinas. Estimated Cost -$1,220,000 Completion Date -1989 2. A VEN/DA BATIQUITOS -Construct Av,mida Batiquitos between Carlsbad Boulevard and Windrose Circle to secondary anerial standard to include: · a) Construction of a bridge over AT &SF Railroad 14 Zone 9 Finance Plan July 6, 1994 b) Intersection improvements including installation of traffic signals at the following intersections: 1. Shearwate_r Road at Avenida Batiquitos· 2. Carlsbad Boulevard at Avenida Batiquitos 3. Windrose Circle at Avenida Batiquitos Estimated Cost -$4,506,400 Compl~tion Date -1990 c. Improvements Needed by 1995 D. 1. POJNSETI'IA LANE 1-5 OVERPASS -Widen overpass to provide two through lanes in each direction, dual left turn lanes to the on- ramps and bike lanes. Estimated Cost -$5,000,000 Completion Date -1993 Improvements Needed by 1995 1. POJNSEITIA LANE -CARLSBAD BOULEVARD TO AVENIDA ENCINAS -complete the construction of Poinsettia Lane to ultimate major arterial standards to include: a) Bridge over AT &SF Railroad b) Landscaped median c) Ultimate intersection improvements to Poinsettia Lane and Carlsbad Blvd. Estimated Cost -$1,500,000 Completion Date -1995 E. Improvements Needed by 2000 1. POINSEITIA LAND I CARLSBAD BLVD. INTERSECTION - provide dual left turn lanes, southbound to eastbound within existing curbs. Estimated Cost -$15,000 Completion Date -2000 15 Zone 9 Finance Plan 2. July 6, 1994 The following conditions were identified in the January 4, 1994 LFMP Amendment adopted by City Council. For a complete analysis of Circulation ·. Facilities, refer to pages 6 to 19 of that document. These conditions supersede the circulation. conditions identified in the originally adopted 1989 Zone 9 .LFMP. A. SPECIAL CONDITIONS FOR ZONE 9: 1. An on-going monitoring program shall be established to evaluate the aspects of improvements, development, and demand on circulation facilities. The required timing of improvements is based upon the projected demand of development in the zone and the surrounding region. This timing may be modified without amendment to this plan, however, any deletions or additions to the improvements will require amending this local plan. 2. Prior to the recordation of a final map, issuance of a building or grading permit, whichever occurs first in Zone 9, a comprehensive financing program guaranteeing the construction of the following circulation improvement must be approved: a. Improvements Needed Now None b. Improvements Needed by 2000 (i) Poinsettia Lane (I-5 Overpass to Avenida Encinas) Widen overpass to provide two through lanes in each direction, dual left turn lanes to the on-ramps. The off- ramps will be widened with traffic signals installed at the ramp junctions with Poinsettia Lane. Poinsettia Lane will be restriped or widened both east and west of 1-5 to match the I-5 overcrossing lane configurations. The existing traffic signal at the Poinsettia Lane/ A venida Encinas intersection will be modified to accommodate restriping needed to coincide with the I-5 overcrossing lane configuration. Estimated Cost: Completion Date 16 $9,650,000 1995 Zone 9 Rnanc, Plan July 6, 1994 (ii) Poinsettia Lane (Carlsbad Boulevard to Avenida Encinas) Complete the construction of Poinsettia Lane to ultimate major arterial standards to include the bridge over the AT &SF Railroad Estimated Cost: Completion Date: $2,000,000 1997 (iii) Avenida Encinas (Windrose Circle-Ponto Drive) . Dedication of secondary arterial right-of-way with construction of the road segment to 2 lanes to include: (a) Construction of a bridge over AT&SF Railroad (b) Intersection improvements at Ponto Drive and Avenida Encinas including the installation of a traffic signal. Estimated Cost: Completion Date: $3,517,000 ·1994 (iv) Avenida Encinas (Ponto Drive-Carlsbad Boulevard) Complete the construction of the road segment to 4 lane secondary arterial standard including intersection improvements to Carlsbad Boulevard and A venida Encinas. Estimated Cost: Completion Date: $1,353,000 2005 c. Build Out Impr9vements (i) Poinsettia Lane/Carlsbad Boulevard Intersection Re-stripe to provide dual left tum lanes, southbound to eastbound within existing curbs. Estimated Cost: Completion Date: 17 $15,000 2005 Zone 9 FUUlnce Plan 3. . Financin& The following pages detail the financial guarantee for each special circulation condition identified above. Circulation Condition );'oinsettia Lane a-s Overpass-Avenida Encinas) A.2.b.(i) Estimated Cost $9,650,000 Financing Mechanism Carlsbad CFD No.1 Guarantee Participation in CFD Responsible Areas Lots 1-9, Lot 79 and Area W~st of Railroad Other Responsible Areas Citywide Financin& Mechanism This facility has been previously funded by the Bridge and Thoroughfare Benefit District No. 1. The City has since formed Carlsbad Community Facilities District No. 1, which will provide the remaining funds for the project. Financine Guarantee The financing is guaranteed by participation in Carlsbad CFD No. 1. Jul] 6, 1994 18 Zone 9 Finance Plan Circulation Condition A.2.b.(ii) Estimated Cost Financing Mechanism Guarantee Responsible Areas Other Responsible Zones Financing Mechanism Poinsettia Lane (Carlsbad Boulevard - A venida Encinas) $2,000,000 City of Carlsbad PFF Payment of Public Facilities prior to Building Permit issuance Lots 1-9, Lot 79 and Area West of Railroad Citywide -=- This facility shall be funded from the City's Public Facilities Fee (PFF) Fund, as specified in the Capital Improvement Program (1993-94 to Buildout). If at the time of development of any project within Zone 9, this improvement has not been completed and the City Engineer determines that this facility is necessary to maintain the Growth Management Circulation Performance Standard, the developer(s) of the applicable map(s) shall provide a financial guarantee acceptable to the City for the construction of this facility, prior to the issuance of any further building permits within Zone 9. The developer(s) will be eligible for reimbursement from the City of Carlsbad. Financing Guarantee The financing is guaranteed through payment of the City of Carlsbad's Public Facility Fee. Reimbursement If the developer(s) of Zone 9 is required to construct this facility, they will be eligible for reimbursement pursuant to Section 20.16.041 of the Carlsbad Municipal Code to the extent that funds are available from Public Facilities Fee revenue. The schedule for reimbursement shall be based on the City's Capital Improvement Program and the availability of Public Facilities Fee funds. July 6, 1994 19 Zone 9 Finance Plan Circulation Condition A.2.b.(iii) A venida Encinas (Windrose Circle-Ponto Drive) Estimated Cost · $3,517,000 Financing Mechanism Developer Funding Guarantee Improvement Agreement Responsible Areas Lots 1-9, Lot 79 and Area West of Railroad Financio& Mechanism The developer(s) of Lots 1-9, Lot 79 or Area West of Railroad shall finance the construction of this improvement concurrent with the development of any one of these areas. This facility would normally be imposed as a condition of approval of applicable tentative maps. Guarantee The improvement listed under Circulation Condition A.2.b.(iii) referenced above, if determined to be needed by the City Engineer, shall be constructed or an improvement agreement ~hall be provided by the developer(s) of Lots 1-9, Lot 79 or Area West of Railroad prior to the recordation of the applicable final map. The improvement agreement shall be in accordance with Section 66462 of the Subdivision Map Act and Section 20. 16.060 of the Carlsbad Municipal Code. Said improvement agreement shall be secured with one of the following forms of security as described in Section 20.16.070 of the. Carlsbad Municipal Code: surety bonds, cash, irrevocable instrument of credit or letter of credit, acceptable to the Financial Management Director and the City Attorney. July 6, 1994 20 Zone 9 Finance Plan Circulation Condition A.2.b.(iv) A venida Encinas (Ponto Drive-Carlsbad Boulevard) Estimated Cost $1,353,000 Financing Mechanism Developer Funding Guarantee Improvement Agreement Responsible Areas Lots 1-9, Lot 79 and Area West of Railroad Financing Mechanism The developer(s) of Lots 1-9, Lot 79 or Area West of Railroad shall finance the construction of this improvement concurrent with the development of any one of these areas. This facility would normally be imposed as a condition of approval of applicable tentative maps. Guarantee The improvement listed under Circulation Condition A.2.b.(iv) referenced above, if determined to be needed by the City Engineer, shall be constructed or an improvement agreement shall be provided by the developer(s) of Lots 1-9, Lot 79 or Area West of Railroad prior to the recordation of the applicable final map. The improvement agreement shall be in accordance with Section 66462 of the Subdivision Map Act and Section 20.16.060 of the Carlsbad Municipal Code. Said improvement agreement shall be secured with one of the following forms of security as described in Section 20.16.070 of the Carlsbad Municipal Code: surety bonds, cash, irrevocable instrument of credit or letter of credit, acceptable to the Financial Management Director and the City Attorney. July 6, 1994 21 Zone 9 Finance Plan Circulation Condition A.2.c.(i) Poinsettia Lane/Carlsbad Boulevard Intersection Estimated Cost $15,000 Financing Mechanism Developer Funding Guarantee Improvement Agreement Responsible Areas Lots 1-9, Lot 79 and Area West of Railroad Financin1 Mechanism The developer(s) of Lots 1-9, Lot 79 or Area West of Railroad shall finance the construction of this improvement concurrent with the development of any one of these areas. This facility would normally be imposed as a condition of approval of applicable tentative maps. Guarantee The improvement listed under Circulation Condition A.2.c.(i) referenced above, if determined to be needed by the City Engineer, shall be constructed or an improvement agreement shall be provided by the developer(s) of Lots 1-9, Lot 79 or Area West of Railroad prior to the recordation of the applicable final map. The improvement agreement shall be in accordance with Section 66462 of the Subdivision Map Act and Section 20.16.060 of the Carlsbad Municipal Code. Said improvement agreement shall be secured with one of the following forms of security as described in Section 20.16.070 of the Carlsbad Municipal Code: surety bonds, cash, irrevocable instrument of credit or letter of credit, acceptable to the Financial Management Director and the City Attorney. July 6, 1994 22 Zou 9 Finance Plan G. FIRE FACILITIES 1. Conditions 2. The following condition was identified in the 1989 Zone 9 LFMP. For an analysis of Fire Facilities, refer to pages 100 to 101 of that document. a. Special conditions for Zone 9 No special conditions are necessary at this time. Changes There are no changes to the approved conditions for Fire Facilities. 3. Financing July 6, 1994 No special financing mechanism for fire facilities is required as a condition of development within Zone 9. 23 Zone 9 Finance Pkln H. OPEN SPACE 1. · Conditions According to the Citywide Facilities and Improvements Plan, Zone 9 is identified as already in compliance with the adopted performance standard. Therefore, no further analysis is required pertaining to open space. 2. Chan&es There are not changes to the approved conditions for Open Space. · · 3. Financin& None required July 6, 1994 24 Zone 9 Finance Pllln I. SCHOOL FACILITIES 1. 2. July 6, 1994 Conditions The following conditions were· identified in the 1989 Zone 9 LFMP. For a complete analysis of School Facilities, refer to pages ~03 to 107 of that document. A. S,pecial Conditions for Zone 9 Prior to the recordation of any residential.final map, issuance of building or grading permit, whichever occurs first, in Zone 9, an agreement shall be entered into between Carlsbad Unified School District and the affected property owner(s) that shall provide for the following: 1. The deeding of an acceptable school site to the Carlsbad Unified School District if it is determined by the District a school within Zone 9 is warranted. 2. A .financing plan approved by the City and Carlsbad Unified School District guaranteeing the construction of necessary elementary school facilities in Zone 9 pursuant to condition # 1. If any reimbursements and/or schoolfee·credits are to be given, the school agreement/financing plan shall provide a mechanism to do so. Chanees Since approval of the condition shown above, a new School Location Plan has been adopted by the Carlsbad Unified School District and incorporated into the City's General Plan. The School Location Plan does not identify the need for a school site in Zone 9. However, the following condition is added: "Prior to the approval of any final map or the issuance of any building permit within Zone 9, the applicant for the final map or building permit shall submit evidence to the City that impacts to school facilities have been mitigated in conformance with the City's Growth Management Plan to the extent permitted by applicable state law for legislative approvals. If the mitigation involves a financing scheme such as a Mello-Roos Community Facilities District which is inconsistent with the City's Growth Management Plan including City Council Policy Statement No. 38, the developer shall submit disclosure documents for approval by the City Manager and City Attorney which shall disclose to future owners in the project, to the maximum extent possible, the existence of the tax and that the school district is the taxing agency responsible for the financing district. " 25 Zone 9 Financ, Plan 3. Financing July 6, 1994 The Property owner(s) within Zone 9 has entered into an agreement with the Carlsbad Unified School District (CUSD) to join the CUSD's Community Facilities District (CFO) which was recently formed on November 5, 1993. The Agreement allows for a· special tax to be assessed against future Single Family _and Multi-Family dwelling units in this zone. The CFO allows for either the 1) prepayment in full of the Annual Special Tax at the time of issuance of a building permit, or 2) the owner of the SFD or MF unit will be assessed a Annual Maximum Special Tax which will commence the first fiscal year after a building permit is issued and will continue for a period of 30 years. A copy of the Agreement and the resolution approving the School Facilities Finance Plan can be found in Appendix B. 26 Zon, 9 Financ, Plan I. SEWER FACILITIES 1. Conditions July 6, 1994 The following conditions are iden.tified in the 1989 Zone 9 LFMP. For a complete ~alysis of Sewer Facilities, refer to pages 108 to 117 of that document. 1. Area ·A· No special conditions are required for Area nA ". 2. Area nB" No special conditions are required/or Area "B•. 3. Area •c, J • No special conditions are required/or Area "C.l" 4. Area "c,2• Prior to the recordation of any final map or issuance of a grading or building permit whichever occurs first in Area "C.2", a .financial mechanism guaranteeing the construction of the following sewer facilities must be approved: a. Construction of the required sewage collection system to serve Area "C.2" development,· and b. Construction of a pump station and force main to convey sewage to the gravity main in Windrose Circle. c. Relocate three existing force mains carrying sewage from the Leucadia County Water District's Batiquitos pump station to· the Encina Water Pollution Control Facility. The relocations are required for the construction of an at-grade intersection between A venida Batiquitos and Carlsbad Boulevard. · d. Additionally. prior to the recordation of any final map, or issuance of a grading or building permit, whichever comes first in Area "C.2", a financial mechanism must be approved that will guarantee the financing of yearly operational and maintenance costs for the sewage pump station in perpetuity. 27 Zone 9 Finance Plan 2. July 6, 1994 5. Area "C.3" Prior to the recordation of any final map or issuance of a grading or building permit, whichever occurs first in Area "C.3", a financial mechanism guaranteeing the construction of the following sewer facilities must be !lpproved: a. Construction of the required sewage collection system to serve Area "C.3" development,· and b. Construction of a JO-inch gravity main across the Railroad right- of-way to convey sewage to the pump station in Area "C.2". c. Construction of a pump station and force main to convey $ewage to the gravity main in Wirulrose Circle. d. Relocate three existing force· mains carrying sewage from the Leucadia County Water District's Batiquitos pump station to the Encina Water Pollution Control Facility. The relocations are required for the construction of an at-grade intersection between A venida Batiquitos and Carlsbad Boulevard. e. Additionally, prior to the recordation of any final map, or issuance of a grading or building permit, whichever comes first in Area "C.3", a financial mechanism must be approved that will guarantee the financing of yearly operational and maintenance costs for the sewage pump station in perpetuity. Due to the land use and circulation changes approved in the Poinsettia Shores Master Plan and the 1994 Zone 9 LFMP Amendment, the Zone 9 Finance Plan describes the specific changes made to the Sewer Facilities Conditions identified in the 1989 Zone 9 LFMP. The following conditions are intended to supersede the Sewer Facilities conditions originally approved in the 1989 Zone 9 LFMP. a. Area "A" -Not a Part b. No special conditions are required for Area "A". Area 11B" -Not a Part No special conditions are required for Area "B". 28 Zone 9 Finance Plan July 6, 1994 c. DevelQped Portion Qf Area "C.1" -Not a Part This is the area that includes the existing single family homes along Navigator Circle. No special conditions are required for the developed portions of Area "C.111. d. · Undeveloped Portion of Area "C.l", Area "C.2" and Area 11C.3" are now identified as Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, Lot 79 and Area West of Railroad. Sewer Facilities Condition 4.c. and Condition 5.d. identified in the 1989 Zone 9 LFMP have been eliminated. Due to the realignment of Avenida Encinas approved in the 1994 Zone 9 LFMP, the relocation of the three existing force mains is not necessary. ....:. The remaining conditions from Sewer Facilities Condition 4. . and Condition 5. previously identified in the 1989 Zone 9 LFMP are now combined, revised and identified as Sewer Facilities Conditions d.(i) - d.(v) below. (i) Prior to the recordation of any applicable final map or issuance of a building permit whichever occurs first in Lots 3, 4 and Area West of Railroad, the construction of a 811 force main along railroad right-of-way must be financially guaranteed; (ii) Prior to the recordation of any applicable final map or issuance of a building permit whichever occurs first in Lots 3, 4 and Area West of Railroad, the construction of a pump station, located within Lot -4 adjacent to the railroad right-of-way, must be financially guaranteed; (iii) Prior to the recordation of any applicable final map, or issuance of a building permit, whichever comes first in Lots 3, 4 and Area West of Railroad, a financial mechanism must be approved that will guarantee the financing of yearly operational and maintenance costs for the sewage pump station in perpetuity. (iv) Prior to the recordation of any applicabl~ final map or issuance of a building permit whichever occurs first in Lots 2, 3, 7, 8, 9 and Lot 79, the construction of a portion of a 10" sewer main that is required to individually serve each of the previously mentioned Lots must be financially guaranteed. (v) Prior to the recordation of any applicable final map or issuance of · a grading or building permit whichever occurs first in Lots 1 and 29 Zo,u 9 Fmanc, Plan 3. Financing 5 the construction of a portion of a 8" sewer main that is required to individually serve each of the previously mentioned Lots must be_ financially guaranteed. The following pages detail the financial guarantee for each special sewer facilities condition identified above. Sewer Condition (i) 8" Force Main Along Railroad Right-of-Way (323 LF) Estimated Cost $20,995 Financing Mechanism Developer Funding Guarantee Improvement Agreement Responsible Areas 3, 4 or Area West of Railroad Reimbursement None Financing Mechanism The developer(s) of Lots 3, 4 or Area West-of Railroad shall finance the construction of this improvement concurrent with the development of any one of these areas. This facility would normally be imposed as a condition of approval of applicable tentative maps. Guarantee The improvement listed under Sewer Condition (i), referenced above, if determined to be needed by the City Engineer, shall be constructed or an improvement agreement shall be provided by the developer(s) of Lots 3, 4 or Area West of Railroad prior to the recordati.on of the applicable final ~p. The improvement agreement shall be in accordance with Section 66462 of the Subdivision Map Act and Section 20.16.060 of the Carlsbad Municipal Code. Said improvement agreement shall be secured with one of the following forms of security as described in Section 20.16.070 of the Carlsbad Municipal Code: surety bonds, cash, irrevocable instrument of credit or letter of credit, acceptable to the Financial Management Director and the City Attorney. July 6, 1994 30 Zone 9 Finance Plan Sewer Condition (ii) Pump Station Estimated Cost . $250,000 Financing Mechanism Developer Funding Guarantee Improvement Agreement Responsible Areas 3, 4 or Area West of Railroad Reimbursement None Financing Mechanism The developer(s) of Lots 3, 4 or Area West of Railroad shall finance the construction of this improvement concurrent with the development of any one of these areas. This facility would normally be imposed as a condition of approval of applicable tentative maps. Guarantee The improvement listed under Sewer Condition (ii), referenced above, if determined to be needed by the City Engineer, shall be constructed or an improvement agreement shall be provided by the developer(s) of Lots 3, 4 or Area West of Railroad prior to the recordation of the applicable final map. The improvement agreement shall be in accordance with Section 66462 of the Subdivision Map Act and Section 20.16.060 of the Carlsbad Municipal Code. Said improvement agreement shall be secured with one of the following forms of security as described in Section 20.16.070 of the Carlsbad Municipal Code: surety bonds, cash, irrevocable instrument of credit or letter of credit, acceptable to the Financial Management Director and the City Attorney. July 6, 1994 31 Zon~ 9 Finance Plan Sewer Condition (iii) Yearly Operational and Maintenance Costs for the Sewage Pump Station in Perpetuity Estimated Cost To Be Determined Financing Mechanism Developer Funding Guarantee Improvement Agreement Responsible Areas 3, 4 or Area West of Railroad Reimbursement None Financing Mechanism The developer(s) of Lots 3, 4 or Area West of Railroad shall finance the construction of this improvement concurrent with the development of any one of these areas. This facility would normally be imposed as a condition of approval of applicable tentative maps. Guarantee The improvement listed under Sewer Condition (iv), referenced above, if determined to be needed by the City Engineer, shall be constructed or an improvement agreement shall be provided by the developer(s) of Lots 3, 4 or Area West of Railroad prior to the recordation of the applicable final map. The improvement agreement shall be in accordance with Section 66462 of the Subdivision Map Act and Section 20.16.060 of the Carlsbad Municipal Code. Said improvement agreement shall be secured with one of the following forms of security as described in Section 20.16.070 of the Carlsbad Municipal Code: surety bonds, cash, irrevocable instrument of credit or letter of credit, acceptable to the Financial Management Director and the City Attorney. July 6, 1994 32 Zon, 9 Flnanc, Plan Sewer Condition (iv) 10" Sewer Main (1,620 LF) Estimated Cost $121,500 Financing Mechanism Developer Funding Guarantee Improvement Agreement Responsible Areas 2, 3, 7, 8, 9 or Lot 79 Reimbursement None Financing Mechanism The developer(s) of Lots 2, 3, 7, 8, 9 or Lot 79 shall finance the construction of this improvement concurrent with the development of any one of these areas. This facility would normally be imposed as a condition of approval of applicable tentative maps. Guarantee The improvement listed under Sewer Condition (v), referenced above, if determined to be needed by the City Engineer, shall be constructed or an improvement agreement shall be provided by the developer(s) of Lots 2, 3, 7, 8, 9 or Lot 79 prior to the recordation of the applicable final map. The improvement agreement shall be in accordance with Section 66462 of the Subdivision Map Act and Section 20.16.060 of the Carlsbad Municipal Code. Said improvement agreement shall be secured with one of the following forms of security as described in Section 20.16.070 of the Carlsbad Municipal Code: surety bonds, cash, irrevocable instrument of credit or letter of credit, acceptable to the Financial Management Director and the City Attorney. July 6, 1994 33 Zone 9 Finance Plan Sewer Condition (v) 811 Sewer Main (1,000 LF) Estimated Cost $65,000 Financing Mechanism Developer Funding Guarantee Improvement Agreement Responsible Areas 1 and 5 Reimbursement None - Financing Mechanism The developer(s) of Lots 1 and 5 shall finance the construction of this improvement concurrent with the development of any one of these areas. This facility would normally be imposed as a condition of approval of applicable tentative maps. Guarantee The improvement listed under Sewer Condition (vi), referenced above, if determined to be needed by the City Engineer, shall be constructed or an improvement agreement shall be provided by the developer(s) of Lots 1 and 5 prior to the recordation of the applicable final map. The improvement agreement shall be in accordance with Section 66462 of the Subdivision Map Act and Section 20.16.060 of the Carlsbad Municipal Code. Said improvement agreement shall be secured with one of the following forms of security as described in Section 20.16.070 of the Carlsbad Municipal Code: surety bonds, cash, irrevocable instrument of credit or letter of credit, acceptable to the Financial Management Director and the City Attorney. July 6, 1994 34 Zone 9 Finance Plan K. WATER FACILmES 1. Facility Number 1&5 3&4 2 4 7 8 July 6, 1994 Conditions The following conditions are identified in the 1989 Zone 9 LFMP. For a complete analysis of Water Facilities, refer to pages 118 to 127 of that document. 5,pecial Conditions A. All development within Zone 9 shall pay the appropriate connection fee as required by the Costa Real Municipal Water District. B. Prior to the recordation of a final map, or issuance of a grading pemiit or building pemiit, whichever occurs first. in Area "C.2", a financing mechanism guaranteeing the construction of the following water facilities shall be approved: Facility Location Facility Length (ft.) Windrose Circle · J6• Water Main 1,500 Avenida Batiquitos & 12 • Water Main 6,690 Carlsbad Blvd. Windrose Circle 10" Water Main 1,741 Carlsbad Blvd. 12" Water Main, P.R. 1 each Meter Station Ponto Drive 12" Water Main 600 Shearwater Rd. & Hotel 10" Water Main 2,400 Access 35 Zone 9 Finance Plan C. Prior to the recordation of a final map, or issuance of a grading pennit or building permit, whichever occurs first in Area "C. 3 ", a financing mechanism . guaranteeing the construction of the following water facilities shall be approved: Facility Number · Facility Location Facility Length. (ft.) 1&5 Windrose Circle 16" Water Main 1,500 3&4 Avenida Batiquitos & 12" Water Main 6,690 Jul, 6, 1994 · Carlsbad Blvd. 2 Windrose Circle 10" Water Main 1,741 4 Carlsbad Blvd. _ 12" Water Main, P.R. 1 each Meter Station 7 Ponto Drive 12" Water Main 600 The 1994 Zone 9 LFMP Amendment provides a brief summary of the City's new potable master plan. The Zone 9 Finance Plan identifies the specific changes made in the Water Master Plan CMWD Project No. 89-105 pertinent to the undeveloped areas in Zone 9. The following conditions are intended to supersede the Water Facilities conditions originally approved in the 1989 Zone 9 LFMP. a. Since the original approval of the Zone 9 LFMP, the name of the governing water district has changed. Therefore, all development within Zone 9 shall pay the appropriate connection fee as required by the Carlsbad Municipal Water District, not the Costa Real Municipal Water District. b. Undeveloped Portion of Area "C.l 11, Area "C.2" and Area "C.3" are now identified as Lots l, 2, 3, 4, 5, 6, 7, 8, 9, Lot 79 and Area West of Railroad. Water Facilities Condition B. and Condition C. previously identified in the 1989 Zone 9 LFMP are now combined, revised and identified as Water Facilities Conditions b.(i) and b.(ii) below: (i) Prior to the recordation of a final map, issuance of a grading permit or issuance of a building permit, whichever occurs first for Lots 1-9, Lot 79 and Area West of Railroad, a financing mechanism guaranteeing the construction of a 12" Water Main (3,450 LF) to be located in Avenida Encinas and Temporary Ponto Drive. 36 Zone 9 Finance Plan (ii) Prior to the recordation of a final map, issuance of a grading permit or issuance of a building permit (with the exception of the construction for the bridge over the railroad), whichever occurs first in the Area West of Railroad, a financing mechanism guaranteeing the construction of a 12" Water Main and 2-way water meter & PR Station in Carlsbad Boulevard. 3. Financin& The following pages detail the financial guarantee for each special condition identified above. Water Condition b.(i) 1211 Water Main (3,450 LF) in Avenida Encinas and Temporary Ponto Drive Estimated Cost $162,150 Financing Mechanism Developer Funding Guarantee Improvement Agreement Responsible Areas Lots 1-9, Lot 79 and Area West of Railroad None Reimbursement Financing Mechanism The developer(s) of Lots 1-9, Lot 79 and Area West of Railroad shall finance the construction of this improvement concurrent with the development of any one of these areas. · This facility would normally be imposed as a condition of approval of applicable tentative maps. Guarantee The improvement listed under Water Condition b.(i) referenced above, if determined to be needed by the City Engineer, shall be constructed or an improvement agreement shall be provided by the developer(s) of Lots 1-9, Lot 79 and Area West of Railroad prior to the recordation of the applicable final map. The improvement agreement shall be in accordance with Section 66462 of the Subdivision Map Act and Section 20.16.060 of the Carlsbad Municipal Code. Said improvement agreement shall be secured with one of the following forms of security as described in Section 20.16.070 of the Carlsbad Municipal Code: surety bonds, cash, irrevocable instrument of credit or letter of credit, acceptabl~ to the Financial Management Director and the City Attorney. July 6, 1994 37 Zone 9 Finance Plan Water Condition b.(ii) 12" Water Main (4,700 LF) and 2-Way Water Meter & PR Station Estimated Cost $295,900 Financing Mechanism Developer Funding Guarantee Improvement Agreement Responsible Areas Area West of Railroad Reimbursement None Financin& Mechanism The developer(s) of the Area West of Railroad shall finance the construction of this improvement concurrent with the development of any one of these areas. This facility would normally be imposed as a condition of approval of applicable tentative maps. Guarantee The improvement listed under Water Condition b.(ii) referenced above, if detennined to be needed by the City Engineer, shall be constructed or an improvement agreement shall be provided by the developer(s) of the Area West of Railroad prior to the recordation of the applicable final map. The improvement agreement shall be in accordance with Section 66462 of the Subdivision Map Act and Section 20. i6.060 of the Carlsbad Municipal Code. Said improvement agreement shall be secured with one of the following fonns of security as described in Section 20.16.070 of the Carlsbad Municipal Code: surety bonds, cash, irrevocable instrument of credit or letter of credit, acceptable to the Financial Management Director and the City Attorney. July 6, 1994 38 Zon, 9 Flnanc, Plan .. Appendix A -Zone 9 Finance Matrix July 6, 1994 Zou 9 Flnanc, Plan ZONE 9 FINANCE MATRIX FEE-DRIVEN FACILITIES: FACll..ITY: FINANCIAL GUARANTEE: ADMINISTRATIVE FACILmES Participation in CFD via condition of approval of TM LIBRARY FACILITIES Participation in CFD via condition of approval of TM PARK FACILITIES None Required -Park in-lieu fees are possible SCHOOL FACILmES Participation in CUSD CFD WASTEWATER FACILITIES Sewer Connection Fees OPEN SPACE None Required FIRE None Required ZONE 9 FINANCE MATRIX DRAINAGE FACILITIES: Draina&e Facility Requirements per Rmsion/Replaame Facility 1 2 3 4 s ' 7 8 ' West of RR Lot 7' Original l!>D Zone, LFMP Seconil Tier Desilting Basin Delete 2nd Tier Basin per City master drainage plan 24" Storm Drain (405 LF) 24 • Storm Drain (13 LF) X X X X X X X X X X X 30" Storm Drain (114 LF) Deleted 66" Storm Drain (8 LF) Deleted 72" Storm Drain (1,963 LF) Deleted 78" Storm Drain (1,700 LF) 78" Storm Drain (1,480 LF) X X X X X X X x. X X X 81 • Storm Drain (1, 100 LF) Deleted Add 42" Storm Drain (178 LF) X X X X X X X X X X X Add &4 • Storm Drain (1,505 LF) X X X X X X X X X Clean outs (18) Clcanouts (10) X X X X X X X X X X X Desilting Basin Desilt Basin · X X X X X X X X X X X Headwall Head Wall X X X X X X X X X X X NOTE: 1) Entire zone is respoosible for storm drains -fust area to develop must build all facilities 2) This matrix does not represent drainage contribution by the above identified Lots to the drainage facilities. It merely identifies the Lots which trigger lhe requirement 10 provide for the financial guarantee for the construction of the drainage facilities. · ZONE 9 FINANCE MATRIX CIRCULATION: Circulation Facility Revision/Replacement Facility I 2 3 4 s 6 7 8 , West of RR Lot 79 Poinsettia Lane (1-5 -Avenida Encinas) City Project Poinsettia Lane (Avenida Encinas-Carlsbad City Project Blvd) Avenida Encinas(Windrose Circle -Ponto New Condition per 1994 Zone 9 LFMP Amendment X X X X X X X X X X X Drive) Avenida Encinas (Ponto Drive -Carlsbad New Condition per 1994 Zone 9 LFMP Amendment X X X X X X X X ll ll X Blvd.) Poinsettia Lane/Carlsbad Boulevard New Condition per 1994 Zone 9 LFMP Amendment X X X X X X X X X ll X Intersection ZONE 9 FINANCE MATRIX WATER FACILITIES: Water Facility Requirements per Original Revision/Replac:anent Facility 1 2 3 4 s 6 7 8 9 West or Lot 79 Zone9LFMP RR 16" Water Main (l,S00 L.F.) Existing in Windrose Circle and Navigator Ct. 12" Water Main (7,290 L.F.) 3,450 LF in Aveuida Encinas and Temporary Ponto Road X X X X X X X X X X X 10• Water Main (4,144 L.F.) Delete because Windrose Circle is deleted 12" Water Main and 2-Way Water Meter & 12" Water Main (4,700 LF) and 2-Way Water Meter & PR X PR Station Station in Carlsbad Blvd. ZONE 9 FINANCE MATRIX SEWER: Sewer-Facility Requirements per Original Rnision/Replaament Facility 1 2 3 4 5 (i 7 8 9 West of RR Lot 79 1989 Zone 9 LFMP 8" Sewer Main (1,490 LF) Not needed since this portion of Windrose is ·deleted Pump Station Remains as a facility X X X Operation and Maintenance of Pump Station Remains as condition X X X 6" Force Main (323 LF) Replaced by 8 • force main in another location (323 LF) X X X Relocation of 14" Force Main (2,600 LF) Delete because of realignment of Avenida Encinas Relocation of 24 • Force Main (4,620) Delete because of realignment of Avenida Encinas 10" Sewer Main (1,990 LF) to" Sewer Main (1,620 LF) per CMWD 94-503 X X X X X X Add 8" Sewer Main (1,000 LF) X X Appendix B -School Agreement July 6, 1994 Zone 9 Finance Plan Recording Requested by and when recorded mail to: ) ) ) Carlsbad Unified School District ) 801 Pine A venue ) Carlsbad, CA 92008-2439 ) Attention: John Blair Exempt: Government Code § 6103 ) ) Space above this Ime for Recorder's use only SCHOOL FACILITIES FUNDING AND MITIGATION AGREEMENT THIS SCHOOL FACILITIES FUNDING AND MITIGATION AGREEMENT ("Agreement") is made as of May_, 1994, by and between CARLSBAD UNIFIED SCHOOL DISTRICT ( "School District"), a school district organized and existing under the laws of the State of California, and KAIZA POINSETTIA CORPORATION, a California Corporation ( "Landowner"). WITNESSETII: WHEREAS, Landowner is the owner of the undeveloped property described in Exhibit A and depicted in Exhibit B hereto ( "Property") which Landowner proposes to develop for residential uses eonsistiAg of appreximately 334 single family detached dwelling units, and 160 multi family dwelling HRits ("Proposed Development"); and WHEREAS, the City of Carlsbad ("City") adopted and included in the public facilities element of the City General Plan the requirement that its City Council and Planning Commission shall not grant approval of any additional development unless the City finds that · all necessary public facilities will exist as such development occurs, as required by the City General Plan (i~cluding its Ggrowth Mmanagement Pplan) which requires assured CUSD Mitigation Agreement No. 94-1 Kaiza Poinsettia Corporation B.U-'WAG/AJl:1_i11/T.l1I .Ol 304Z.IO -S.":7,'94 • Raila:d Oral\: -1- availability of School Facilities (as hereinafter defined) of the School District; and . ,· WHEREAS, Landowner is seeking approval to develop the Property for the Proposed Development by the City, which Proposed Development may hereafter be revised; and WHEREAS, the School District, subject to receipt of funds pursuant to this Agreement, intends to provide School Facilities for the Proposed Development and has formed a community facilities district ("CFD No. 3"), ·and is amenable to annexing the Property, pursuant to the Mello-Roos Community Facilities District Act of 1982, as amended (the "Act") to fund such School Facilities for the development of the Property ; and WHEREAS, School District and the Landowner intend that funding for School Facilities required to serve students residing within the Property shall be provided on a timely basis by means of financing by CFD No. 3 or the Mitigation Payments (as hereinafter defined) as provided in_ this Agreement. NOW, THEREFORE, in consideration of the terms and conditions herein set forth, the School District and the Landowner DO HEREBY AGREE AS FOLLOWS: 1. Definitions. As used in this Agreement, all capitalized terms shall have the meanings set forth in Section A of Exhibit "C" or the following meanings, whichever is applicable. "Annexation" means the annexation of the Property to CFD No. 3 as provided under Section 53339, ~ zg., of the Act. "CPD No. 3" means the community facilities district formed by the School District pursuant to the Act and known by that name. "City" means the City of Carlsbad, California. "Cit~General Plan" means the general plan of the City adopted pursuant to -. CUSD Mitigation Agreement No. 94-1 Kaiza Poinsettia Corporation BM"W&G/ABl■J,,/'7311.m l(J.12,10 • ,m/94 • a.u.. OnA l -2- ' Section 65300 et ~-of the Government Code and each mandatory and optional element thereof. "Completion of Annexation to CFD No. 3" shall be deemed to have occurred upon the occurrence of all of the following: (i) the annexation of the Property to CFO No. 3, including the authorization for the levy by CFD No. 3 of the Special Taxes and the authorization of the issuance of Bonds; · (ii) the approval by the qualified electors of CFD No. 3 of the levy of the Special Taxes and the issuance of the Bonds, (iii) the expiration of ~the statutes of limitations provided in Section 53359 of the Act, and (v) the effective date of the first applicable validating legislation by the State of California. "Credit Funds" means the fair share of the following, as reasonably determined by School District to be allocable to the Property: (i) §~!i;[[fg~~!f)~ny and all funds, reductions in liabilities or consideration in lieu of funds, received by School District from the State after the date of this Agreement for funding of School Facilities for new development, including the development of • the Property, other than funds received for modernization or reconstruction of existing ei5chool Facilities::=::~~,:~~:'.:'.E£:f.E!ffl of the School District; (ii) ~i\:]:YPP-i;: ([he proceeds of any ,certificates of participation (not relating to use of the Special Taxes of CFD No. 3 for making any related Lease Payments) received after the date of the Agreement for permanent financing of additional School Facilities for new development, general obligation bonds issued by t~e School District after the date of this Agreement for the acquisition or the construction of additional School Facilities for · new development in the School District or any other local financing described in paragraph (d) of Section 2.4 of this Agreement; and CUSD Mitigation Agreement No. 94-1 Kaii.a Poinsettia Corporation BAKW&G/All/aill/7381.03 J0.1:.10 -l/27194 • ~ ON!\ 2 -3- provisions of this Agreement to the contrary, the School District, State, County, City or any other agency are mandated or permitted by future legislation to impose and collect any fee or charge, however denominated, for the financing of School Facilities for development of the Property, the amount of any such fee or charge so collected. The fair share determination of Credit Funds made by School District shall include consideration of the number of dwelling units approved for the Proposed Development in relation to the number of future dwelling units provided for in the City General Plan and reasonably anticipated to be developed within thirty (30) years from the date of this Agreement. The fair share determination by School District as to future local bonded indebtedness under the preceding clause (ii) shall not include any allocation of the proceeds of a GO Bond Proposition requiring payments in the amount of $600 per dwelling unit or less, because credit in such amount of $600 per dwelling unit already has been used by School District in calculating the Special Taxes described in Exhibit "C". Any such determination shall COAsidef ~~::::lli~~¥.lii:tl!E2r~p§~l::mm the methodology set forth in Exhibit "D" to this Agreement. "GO Bond Proposition" means any local ballot. proposition presented to and approved by the electorate of the School District after the date of this Agreement authorizing -the School District to issue general obligation bonds on a district-wide basis. "Landscaping and Lighting Act of 1972" means the part known by that title and set forth at Section 22500 et. ~-of the Streets and Highways Code. "Lease Payments" means payments made under a lease agreement relative to the financing of School Facilities of CFD No. 3 by reason of the issuance of certificates of CUSD Mitigation Agreement No. 94-1 Kaiu Poinsettia Corporation BAKWAGJABl•iD/7.lll .03 3042.10 . ,,71194 • R.dliaod o..J\ Z -4- panicipation by the School District. "Lease-Purchase Law" means the Leroy F. Greene State School Building Lease- Purchase Law, set forth at Title 1, Division 10, Chapter 22 of the California Education Code (commencing with Section 17700) and all standards and regulations adopted by appropriate State agencies in the implementation of such law. "Mitigation Payment" means a payment to be made ~'Fpfqvid&:f.::unde.E'.Sectlori •••b•,•,•,1, •• ·••••• .... •.••·•••-.••:•·••••••.,._,,,•,••••••·····•·••••• .. ••••• .. •••·•···•·•••••••·••·•••••••••••· ••· 2J prior to the issuance of each residential building permit in the amount of $6616 for a Single Family Detached Unit and $5295 for a Multi-Family Unit, which amounts shall increase by 3% per Fiscal Year commencing July 1, 1994, and each July 1 thereafter through 1 ul y 1, 200s. 1!i~:::~2HP!!lS!'.:.fil~::!M!~.g-~§1,}!iJ~!.tm.~.1.!.f'ilh!!k.n?tffiEti~t!!!~t:::l.9.ht:::!;rgQQ.~~: ,~-~tj,l.'Uf~~jjiUJ({Q'.ffit;'.ifip~:::~i:ffiijJQf f~if.y~:f;##j~::•a$::g~fiij~?!n!9~xlµqj.l:;!C..~~ "Poinsettia Shores Master Plan" means the master plan adopted by the City and ' known by that name. "Proceeds" means the proceeds of the Bonds of CFD No. 3 including certificates of participation where the Lease Payments are to ?e funded by the Special Taxes of CFD No. 3 and investment earnings thereon. "Project" means any project undertaken for the purpose of development involving the approval or issuance of any permit or entitlement for use by any governmental agency and includes all such permits and entitlements for use whether classified as quasi- . legislative, quasi-judicial or ministerial in nature iricludingt;:J?:#f~~f].Hffl~;]~ff: the adoption, amendment, approval or issuance of any general plan, specific plan, master plan, zoning CUSD Mitigation Agreement No. 94-1 Kaii.a. Poinsettia Corporation BAKW&GIAlli■;.m&l .03 »1:1..10 • St:7/IM • llallimol DNA : -5- ordinance, tentative subdivision map, tentative parcel map, final subdivision map, final parcel map, variance, conditional use permit, site plan, plot plan, development plan, annexation, public utility connection, building permit and certificate of occupancy. "School Facilities" means the construction and/or financing of certain public capital school facilities consisting of elementary, middle and high school facilities (grades kinderganen through 12) or increments thereof, including central support, administration and special education facilities, to serve needs created by development within the boundaries of "Single Payment Special Tax" means the Anmted Maximum Special Taxes as provided herein under Section F.1 of Exhibit "C". Landowner may elect to prepay the Single Payment Special Taxes !§f}JJ.b~i!JJf!Y.i.~'.ijfmiiR5iID!ffi:Jfi§.)gi§.pti.!, prior to issuance of a building permit for such dwelling unit within the Property. "Special Tax" or "Special Taxes" means the "Annual Maximum Special Tax" as defined in Exhibit "C" including any whole or partial prepayment thereof as provided in I Section F of Exhibit "C". "State" means the State of California. "State Aid Consultant" means an architectural firm or other consultant of recognized experience in applying for and obtaining funds from the State of California for school construction costs pursuant to the Lease-Purchase Law and other available similar programs. "Zone 9 Local Facilities Management Plan and Financing Plan" means the plan ·adopted by the City and known by that name. Ill CUSD Mitigation Agreement No. 94-1 Kai:za Poinsettia Corporation aAKW•GIAB/ajo/7311,03 JO.ll.10 • ~194 -ICallimd O..ft l -6- 2. Mitieation of School Facilities Impacts. 2.1 Annexation of the Property to CFD No. 3. At the earliest practicable date, School District shall initiate proceedings for the Annexation of the Property all documents reasonably requested by School District and required for Annexation eHhe PFoperty to CFD 1-;Je.3 as set ferth ie E*hieit "C". Annexation of the Property shall be on the basis of and not exceeding the parameters set forth in Exhibit "C" with respect to the rate and method of apportionment of Special Taxes. 2.2 CFO No. 3 Limitations. CFO No. 3 shall be authorized only to finance the School Facilities and shall not be authorized at any time to finance any other types of facilities or 8:ftf services §f:[!Ily]']qgg. · CFO No. 3 shall not levy or collect any special taxes exceeding the Special Taxes set forth in Exhibit "C". 2.3 Prohibition of Additional Mitigation. Provided Landowner is in compliance with the provisions of this Agreement, Landowner, and its respective successors • and assigns, shall be deemed to have fulfilled and mitigated their entire obligation to assist in financing School Facilities to serve the student population to be generated by the development of the Property, upon the occurrence of the egompletion of t,he ~nnexation of the Prnpcrty to CFO No. 3, or the payment of the Mitigation Payments. Payment of the Mitigation Payments shall be required only if the School District approves the Annexation of the Property to CFD No. 3 and the authorization of the Special Taxes and Bonds prior to the time when residential building permits are requested by Landowner and Landowner: (i) protests such proceedings, · (ii) fails to vote at an election thereon, (iii) votes "no" in such election for the Annexation ef the PFoperty, the B~s or Special Taxes of CFO No. 3. This Agreement shall be deemed to CUSD Mitigation Agreement No. 94-1 Kaiza Poinsettia Corporation BAICWAOIAl/aillmll .03 ~2.10 • 5,':719< • Ralliim Dnll 2 -7- satisfy any ai:td all present and future requirements and conditions of the entitlements for the development of the Property, including conditions of the Poinsettia Shores Master Plan, Zone 9 Local Facilities Management Plan and Financing Plan and the City General Plan. As a result, the School District hereby covenants that it will not under any circumstances at any time: (a) exercise any power or authority (under· Section 53080 of the California Government Code or any other provision of applicable law) to levy a fee, charge, dedication, or other form of requirement against any Project (including any Senior Citizen Housing but excluding any Commercial/Industrial Property development) undertaken within the boundaries of the Property for the purpose of funding or financing any School Facilities. If a Senior Citizen Housing dwelling unit is converted to other use, it shall be subject to the Special Tax for a period of thiny (30) years from the date of such conversion. (b) require the City or any other governmental entity to • exercise, or cooperate with the City or any other governmental entity in the exercise of, the power under Title 7, Division 1, Chapter 4. 7 of the California Government Code (commencing with Section 65970) or any other -~ro~ision of applicable law, to require the dedication of land, the payment of fees in lieu thereof, or both for classroom or related facilities as a condition to the approval of a residential Project (including any Senior Citizen Housing but excluding any Commercial/Industrial project) within the boundaries of the Property; (c) oppose any ee•,elepmeflt ef the Prepet1y f_t§j§§ for residential purposes on the Property on the basis of inadequate School Facilities or CUSD Mitigation Agreement No. 94-1 Kaiz.a Poinsettia Corporation BAKWAGIAB/a_i.alT.lll .03 »12.10 • 5,77~ • Rai1imoi DnA l -8- seek other forms of mitigation for any Project (including Senior Citizen Housing) with respect to the adequacy of School Facilities, including, but not limited to, the · establishment of developer fees, the payment of any money by the Landowner (regardless of how denominated or labelled), or the dedication of land permitted by present or future State law, rulings, regulations and court decisions if the proceeds of such fees, assessments or requirements will be used to finance or fund any School Facilities; or (d) issue bonds, except the herein described Bonds, or incur any other form of indebtedness, payable from taxes or assessments of any kind (other than the School District's portion of the existing ad valorem property taxes) levied on any property within the boundaries of CFD No. 3, the proceeds of which are to be used in whole or in part, directly or indirectly, for funding or financing the~ School Facilities. The limitations contained in this clause (d) shall not be applicable to any (i) general obligation-bonds, (ii) bonds of a community facilities district formed I under the Act or other local financing, which may be approv_ed by the registered voters within the boundaries of the School District and including the entire School District, or (iii) assessments pursuant to the Landscaping and Ligi}ting Act of 1972, or other assessment proceedings available to the School District, providing for an assessment aistrict encompassing the entire School District. 2.5 Other Properties. In order to equalize treatment of landowners seeking to develop within the School District's boundaries, School District agrees to use its best efforts to enter into agreements comparable to this Agreement (the "Other Agreements") with the owners of other properties (the '.'Other Owners") within the School District in order CUSD Mitigation Agreement No. 94-1 Kaiza Poinsettia Corporation BAJl.'W&GIAll/a;.mtl.03 »12.10 · ll'l7"' • a.w...l DNA 2 -9- to obtain finclflcial. commitments for School Facilities from them at least equal to the commitments made by the Landowner in this Agreement; provided, however, that if, notwithstanding the use of such best efforts, School District is unable to enter into any such Other Agreements with the Other Owners, such inability shall not constitute a breach of -this Agreement. Notwithstanding anything in this Agreement to the contrary, it is agreed that no Other Agreements shall be more favorable to any Other Owners than this Agreement is to Landowner. In the event School District enters into any Other Agreement after the date of this Agreement, School District shall give notice to Landowner of such Other Agreement by providing Landowner with a copy of such Other Agreement in the manner provided in Section 5.6 herein concurrently when School District records such Other Agreement with the office of the County Recorder of the County of San Diego. If any Other Agreement contains provisions of a financial or legal nature which are materially more favorable than those contained in this Agreement, School District shall promptly amend, upon request of Landowner, this Agreement to incorporate such more favorable provisions. The effective date • of any such amendment to this Agreement shall be the effective date of the Other Agreement(s) containing such more favorable provisions. 2.6 Covenant to Construct School Facilities and Serve Students. Provided sufficient funds are received pursuant to this Agreement, the School District covenants for· the benefit of Landowner and any persons owning Residential Property within the Property that School District will use its best efforts to acquire or construct School Facilities sufficient to serve the students generated from development within the Property. 2.7 Disclosure of Special Tax. Landowner hereby covenants to the School District that Landowner shall provide, or by contract with any developer or merchant CUSD Mitigation Agreement No. 94-1 Kaiz.a Poinsettia Corporation BA11.'WI.O/A811ia/7lll .DJ -10- builder of any part of the Property require to be provided the "Notice of Special Tax" required by Section 53341.5 of the Act or any similar successor statute. Landowner expressly acknowledges that the School District and CFD No. 3 shall have no duty or obligation and shall incur no liability, jointly or severally, with respect to the foregoing covenant of the Landowner. 2.8 Indemnification Regarding Disclosure. Landowner shall assume the defense of, indemnify and hold harmless the School District and CFD No. 3 and each of their officers, employees and agents from and against any and all actions, damages, claims, losses, expenses or liability arising from, or related to, Landowner's covenant and obligation to disclose the Special Tax as provided under Section 2. 7 of this Agreement §.r arising from any information set forth in any official statement with respect to any of the Bonds to the extent Landowner has furnished such information and has expressly approved in writing the inclusion of such information in such official statement. 3. State Funds. 3.1 State Aid Application. School District shall apply for and utilize its best efforts to obtain approval of any State funding for School Facilities that may become available to School District under the Lease-Purchase Law or.any other State law. Subject to the School District's obligations contained herein, Owner acknowledges that the risk of denial of any such application by the State shall be borne by Landowner and by other payers of the Special Taxes within CFD No. 3 and shall not be a basis to lodge a protest of any Special Taxes payable or to file a claim for the recovery of any Special Taxes paid. The fees and charges of any State Aid Consultant reasonably incurred in efforts to obtain State funding for the School Facili~es may be included in the Administrative Expenses for which the Special CUSD Mitigation Agreement No. 94-1 Kaim Poinsettia Corporation BAKW&GIAl/ajllf7.Jll .03 JOQ.10 • :!;127194 • Rallilal DnA 2 -11- Taxes of CFD No. 3 may be levied each Fiscal Year. 3.2 Ap_plication of Credit Funds. Landowner and School District agree that, to the extent legally permissible, the Property's share of any Credit Funds received by the School District, as reasonably determined by the School District, shall be applied to pay or reduce the Special Taxes levied on the Property and remaining unpaid. 4. Binding on Community Facilities District. CFD No. 3 shall b a party to this Agreement, and all provisions hereof which apply to the School District shall also apply to CFO No. 3. The Board shall cause to be executed such documents as may reasonably be required to confirm that CFO No. 3 is bound by this Agreement., and copies of such documents shall be provided Landowner. The Board, acting as the legislative body of CFO No. 3, shall perform all parts of this Agreement which require performance on the part of CFO No. 3. 5. General Provisions. 5.1 Successors. All of the covenants, stipulations, promises and agreements contained in this Agreement by or on behalf of, or for the benefit of, any of the parties hereto, shall bind and inure to the benefit of the successors of the respective parties . 5 .2 Assignment. (a) !i9::!i§~fg!t!l"t~J§.t!i No sale, transfer or assignment of any right or interest under this Agreement shall be made unless made together with the sale, transfer or assignment o~ all or a part of the Property. (b) H'.§~~&ffiiqit\~¥.HffiPR24f Concurrent with any such sale, transfer or assignment, or within thirty (30) days thereafter, Landowner shall notify the School District, in writing, of such sale, transfer or assignment and shall provide CUSD Mitigation Agreement No. 94-1 Kaiza Poinsettia Corporation BAJCWAGI AJl/ajnf731I.DJ 3042. 10 • sn.1194 • ltadlimd DnA 2 -12- School District with an executed agreement, in a form reasonably acceptable to School District, by the purchaser, transfer or assignee by which the purchaser, transferee or assignee expressly and unconditionally assumes all duties and obligations of Landowner in this Agreement with respect to the Property or part thereof conveyed. (c) (?_gp~Q§~#~§r:ft§ni.½?friP!!~§#j Any sale, transfer or assignment not made in strict compliance with paragraph (b) of this Section 5.2(b) shall constitute a default by the seller, transferor or assignor:_ under this Agreement; provided, however, such default may be cured at any time by the purchaser, transferee, or a·ssignee executing an agreement pursuant to paragraph (b) of this Section 5.2 and no such default shall affect the rights under this Agreement of any other owner of any part of the Property. Notwithstanding the failure of any purchaser, transferee or assignee, to execute the agreement required by paragraph (b) of this Section 5.2, the burdens of this Agreement shall be binding upon such purchaser, transferee or assignee, but the benefits of this Agreement shall not inure to such purchaser, transferee or assignee ' until and unless such agreement is executed. 5.3 Amendment and Waiver. This Agreement shall be amended only by a written instrument executed by the parties hereto or their respective successors and assignees. All waivers of this Agreement must be in writing and signed by the appropriate authorities of the parties hereto. 5.4 Severability. If any provision of this Agreement shall be held invalid, illegal or unenforceable by a court of competent jurisdiction, the validity, legality or enforceability of the remaining portions hereof shall not, in any way, be affected or impaired thereby. CUSD Mitigation Agreement No. 94-1 Kaiza Poinsettia Corporation BM"Wlt.GIAll/ain/T.lll.03 3042. 10 • 5.':7/9,,1 • llallimd DnA 2 -13- 5.5 Inte~ration. This Agreement supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter of this Agreement. 5.6 Notices, Demands and Communication. Formal notices, demands and communications between the School District and Landowner hereunder shall be sufficiently given if (i) personally delivered, (ii) mailed by registered or certified mail, postage prepaid, return receipt requested, or (iii) delivered by Federal Express or other reliable private express delivery service to the principal offices of the School District or Landowner, as set forth below. Such written notices, demands and communications may be sent in the same manner to such other addresses as either party may from time to time designate by mail as provided in this Section. Such notices demands or communications shall be deemed received upon delivery if personally served, or upon the expiration of three (3) business days if given by other approved means as specified above. If to the School District: With a copy to: · If to the Landowner: With a copy to: Carlsbad Unified School District 801 Pine Avenue Carlsbad, CA 92008-2439 Alexander Bowie, Esq. Bowie, Arneson, Kadi, Wiles & Giannone 4920 Campus Dri~e, _ Suite A Newport Beach, CA 92660 Kaiza Poinsettia Corporation 7220 A venida Encinas, Suite 200 Carlsbad, CA 92009 Pillsbury, Madison & Sutro 101 W. Broadway, Suite 1200 San Diego, CA 9210 I Attn: William A. Reavey, Esq. 5.7 Arbitration._ Any controversy or claim arising out of or relating to CUSD Mitigation Agreement No. 94-1 Kaiz.a Poinsettia Corporation BAKW&G/ All/amf7Jll .03 3042.10 • $f.!719,1 • a.ii;,_ Dr.ii 2 -14- this Agreement, or breach thereof shall be settled by binding arbitration in San Diego County in accordance with the rules of the American Arbitration Association and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. 5.8 Attorneys' Fees. In any litigation or arbitration arising out of the breach of this Agreement by any party, the prevailing party. in sue~ arbitration or litigation, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to recover reasonable attorneys' fees and all other reasonable costs incurred in such arbitration or litigation and allowed by the arbitrator or court. 5.9 Interpretation. The terms of this Agreement, including all Exhibits hereto, shall not be construed for or against any party by reason of the authorship of this Agreement, but shall be construed in accordance with the meaning of the language used. The Section headings are for purposes of convenience only, and shall not be construed to limit or extend the meaning of this Agreement. 5 .10 Force Majeure. The obligations of any party under this Agreement, and all deadlines by which any party's obligations hereunder must be performed, shall be excused or extended for a period of time equal to any prevention, delay or stoppage in performance which is attributable to any strike, lock-out or qther labor or industrial disturbance, civil disturbance, act of a public enemy, war, riot, sabotage, blockade, embargo, lightning, earthquake, fire, storm, hurricane, tornado, flood, , explosion, court injunction, moratorium on any necessary public utilities · Certification. l#'=:!i:II!::EB~§i;gjll§rrl This Agreement or a notice describing the CUSD Mitigation Agreement No. 94-1 Kaim Poinsettia Corporation BAXWAGIAll/1.iw'7311.03 »1i.10 • 5127/94 • llaliial Dnill 2 -15- existence of this Agreement and the Property may be recorded by Landowner or by the District. The parties hereby agree to execute such documents as may be needed to give such notice. options in favor of non-governmental agencies or entities shall be subordinated to this Agreement prior to School District certifying to City the availability of School Facilities for. the Property. confirmation of such subordination, School District shall provide to Landowner written cenification, in a form acceptable to Landowner and City, that all requirements of the School District with respect to mitigation of all school impacts from the development of the Property will be satisfied upon performance of the terms of this Agreement. Provided Landowner is in compliance with this Agreement, School District shall promptly provide to City the certification required pursuant to Section 53080(b) of Government Code, or similar successor I law, with respect to.:::ffl~:;g~f~s§i:::§f any building permit required for development of the Property 5.12 Execution. This Agreement may be executed in several counterparts each of which shall be an original and all of which shall constitute but one and the same agreement. 5.13 Mutual Cooperation. Each party to this Agreement agrees to cooperate with the others, to act in good faith, to sign any other and further documents, and · perform such other acts, as may be reasonably necessary or proper in order to accomplish the intent of this Ag~eement. No party shall do anything which shall have the effect of harming CUSD Mitigation Agreement No. 94-1 Kaim Poinsettia Corporation · BAICW&G/All/1.illmll.lD :;o.&2, 10 • 5,'27194 • bdliomd Oral\ 2 -16- or injuring .the right of any other party to receive the benefits of this Agreement. The panies shall refrain from doing anything which would render their performance under this Agreement impossible or impractical. 5.14. No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the parties and their successors and assigns. No other person or entity shall have any right of action based on any provision of this Agreement. 5 .15 Exhibits. All Exhibits attached her~to are incorporated into this Agreement by reference. IN WITNESS WHEREOF, the parties hereto have executed this ~¢h§.§1 !:~§µ[t!§~ Funding and Mitigation Agreement on the day and year first above written. CARLSBAD UNIFIED SCHOOL DISTRICT By: CUSD Mitigation Agreement No. 94-1 Kaiza Poinsettia Corporation BAA'W&Cif AJl/ajo/1381.03 30'2.I0 • 3.':7'9C • Raliuad Draft 2 Superintendent -17- APPROVED AS TO FORM: BOWIE, ARNESON, KADI, WILES & GIANNONE Legal Counsel -Carlsbad Unified School District By _______ ..,.... _____ _ KAIZA POINSETTIA CORPORATION, a California corporation By: CUSD Mitigation Agreement No. 94-1 Kaiza Poinsettia Corporation BAKWAOIAB/ainf7JII.Ol J0-12.10 • 5121194 • R.iimd Draft 2 Noriko Saiga, President -18- (Not included) CUSD Mitigation Agreement No. 94-1 Kaiza Poinsettia Corporation BAKW.IGIAB1a_ia/7Jll .oJ 3042.10 • 5!27/IM • ~ ~ 2 EXHIBIT A LEGAL DESCRIPTION A-1 (Not included) CUSD Mitigation Agreement No. 94-1 Kaiz.a Poinsettia Corporation BAKWAGIABla;..m&l .03 :l0-12.10 • 5121194, 11,diimd On/I 2 EXHIBIT B MAP OF PROPERTY B-1 EXHIBIT C RATE AND 'METIIOD OF APPORTIONMENT OF SPECIAL TAX COMl\RJNITY FACILITIES DISTRICT NO. 3 CARLSBAD UNIFIED SCHOOL DISTRICT This Rate and Method of Apportionment of this Special Tax sets forth the special tax applicable _to each Assessor's Parcel within Community Facilities District No. 3 ("CFD No. 3 ") of the Carlsbad Unified School District to be levied and collected according to the special tax liability determined by the Board of Trustees of the Carlsbad Unified School District (the "School District"), acting as the Legislative Body of CFO No. 3. The applicable Annual Maximum Special Tax shall be determined pursuant to the application of the appropriate amount or rate for "Developed Property", as described below. All Developed Property within CFO No. 3, unless exempted by law, or the provisions of Section E, below, shall be subject to the applicable Annual Maximum Special Tax levied and collected to the extent and in the manner herein provided. This Rate and Method of Apportionment also is provided as an explanation to allow landowners or residents within CFD No. 3 to estimate the Annual Maximum Special Tax to be annually levied and collected, or prepaid, as the case may be, with regard to property within CFD No. 3. A. Definitions "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 (commencing with Section 53311) of Division 2 of Title 5 of the California Government Code. "Administrative Expense" means any costs incurred by the School District on behalf of CFO No. 3 related to the determination of the amount of the annual levy of the -Annual Maximum Special Tax, the collection of the }\nnual Maximum Special Tax, the administration of the Bonds of CFO No. 3, and the other costs incurred in order to carry out the authorized purposes of CFO No. 3. "Annual Maximum Special Tax" means the special tax to be levied in each Fiscal Year pursuant to Sections C. and D. on each Assessor's Parcel classified as Developed Property for a period not to exceed 30 years including the Initial Fiscal Year. "Assessor's Parcel" means a parcel of land as designated on an ·official map of the San Diego County Assessor which has been assigned a discrete identifying parcel number. "Board" means the Board of Trustees of the Carlsbad Unified School District. CUSD Mitigation Agreement No. 94-1 Kaiza Poinsettia Corporation BAKWAG/ABlahi/7Jll.113 :!042.10 • 51:!7194 • Rlldliad o..ft 2 C-1 • "Bonds" means the bonds, or equivalent securities, including, but not limited to, certificates of participation or leases, of CFD No. 3 issued and sold to finance the Facilities. "Bond Indenture" means the Bond Indenture, Trust Agreement or equivalent document, approved, and/or entered into, by CFD No. 3 providing_ for the issuance and sale of Bonds, as the same may be amended or supplemented from time to time. "Commercial/Industrial Property" means property zoned for commercialiindustrial uses or other non-residential uses. "Developed Property" means for any Fiscal year all Taxable Property for which a foundation building permit for Residential Property was issued prior to May 1 preceding the Fiscal Year in which the Annual Maximum Special Tax is being levied. "Facilities" means the school facilities as may be identified in the Community Facilities District Report prepared for CFD No. 3 on file in the Office of the Clerk of the Board or such other facilities to be financed by CFD No. -3 pursuant to the Act. "F1Scal Year" means the period starting on July 1st and ending the following June 30th. "Initial F1Scal Year" applies only to Developed Property and means the first Fiscal Year in which the Annual Maximum Special Tax will be apportioned and levied on an Assessor's Parcel. "Land Use Clas.s" means any of the classes of Developed Property listed in Table 1 below. · ' · "Multi-Family Unit"or "Attached Dwelling Unit" means all Developed Property other than Single Family Detached Units, which includes, but shall not be limited to, apartments available for rental by the general public, condominiums as defined in Civil Code Section 1351, or a structure or structures made up of two or more units that share common walls that is to be developed or is developed for residential use. "Residential Property" means all property within CFD No. 3 classified as either a Single Family Detached Unit or Multi-Family Unit. "Senior Citizen Housing" means any senior citizen housing, residential care facilities for the elderly, or multilevel facilities for the elderly meeting the definitions set forth in Government Code Section 65995 .1 or a successor section thereto. "Single Family Detached Unit" means Developed Property which contains a structure of one dwelling,:mit that. is to be developed or is developed for residenti~ use. CUSD Mitigation Agreement No. 94-1 Kaiu Poinsettia Corporation BAKWAG/Alllajllt'llll.03 C-2 )O.l?.10 • l,":71'k • it.diimd OnA 2 "Taxable Property" means all Assessor's Parcels within the boundaries of CFD No. ·3 which· are not exempt from the Annual Maximum Special Tax pursuant to the Act and the provisions of Section E. herein. "Undeveloped Property" means all Taxable Property in CFD No. 3 not classified as Developed Property. B. Assignment to Land Use Categories As soon as practicable, as of May 1 for the next succeeding Fiscal Year, all Taxable Property within CFD No. 3 shall be categorized as Developed Property or _ Undeveloped Property. Developed Property shall be subject to an Annual Maximum Special Tax pursuant to Sections C. and D. below. _ For purposes of determining the applicable Annual Maximum Special Tax fo~ each Assessor's Parcel of Developed Property, all Developed Property shall be assigned to a Land Use Class designated in Table 1 below. Single Family Detached Units shall be assigned to Land Use Class 1. Multi-family Units shall be assigned to Land Use Class 2. C. Annual Maximum Special Tax 1. Developed Property The Annual Maximum Special Tax for each Assessor's Parcel classified as Developed Property shall be the amount determined by reference to Table 1 and the paragraphs that follow Table 1. Table 1 Annual Maximum Special Tax Rates for Developed Property (For the Fiscal Year 1993-94) Land Use Class 1 2 Land Use Description Single Family Detached Unit · Annual Maximum Special Tax Per Unit {1993-94) Multi-Family Unit/ Attached Dwelling Unit $637 $510 In determining the Annual Maximum Special Tax which may be levied in any Fiscal Year, on July 1, 1994, and on each July 1 thereafter, the Annual Maximum Special Tax shall be increased by an amount equal to 3 % of the amount in effect for th~ previous Fiscal Year, until July 1, 2008. After July 1, 2008, no further escalation of the Annual Maximum Special Tax shall occur. CUSD Mitigation Agreement No. 94-1 Kai:r.a Poinsettia Corporation BAICWAGIA1111ja/'l]II .GJ 3042.10 • 5.'27/IN • ll.tlillld Daft 2 C-3 _ In each Fiscal Year in which an Assessor's Parcel is initially categorized as · Developed Property, the Annual Maximum Special Tax for such Assessor's Parcel, for the Initial Fiscal Year and for each Fiscal Year thereafter, shall be fixed and shall thereafter not be subject to any further escalation of the Annual Maximum Special Tax as described in the paragraph above. 2. Undeveloped Property The Board shall not impose any Annual Maximum Special Tax on Undeveloped Property. · D. l\fethod of Apportionment of the Special Tax Commencing with Fiscal year 1994-95, and each Fiscal Year thereafter, the Board shall determine the Annual Maximum Special Tax to be collected from Taxable Propeny in CFO No. 3. The Board may levy the Annual Maximum Special Tax on all Assessor's Parcels of Development Propeny by levying the Annual Maximum Special Tax for Land Use Classes I and 2. E. Limitations The Board shall not levy an Annual Maximum Special Tax on properties owned by the State of California, federal or other local governments, except as otherwise provided in Sections 53317.3 and 53317.5 of the Act. Developed Property which becomes the property of the State of California, the federal government or other public agency after being categorized as Developed Propeny is liable for the Annual Maximum Special Tax levied in the Fiscal Year during which such transfer occurs and will be subject to the Annual Maximum Special Tax in each Fiscal Year thereafter under the original Land Use Class for such Assessor's Parcel. Such Assessor's Parc~l may be exempted, at the direction, and in the discretion, of the Board in any Fiscal Year. No Annual Maximum Special Tax shall be levied on Senior Citizen Housing or on Commercial/Industrial Property within CFD No. 3. F. Prepa~ent of the Annual Maximum Special Tax Any owner of Developed Property within CFO No. 3 may discharge the Annual Maximum Special Tax obligation in full or in part, by making payment pursuant to the applicable Sections F. 1. or F. 2 as follows: 1. Upon the Issuance of a Building Permit At the time of issuance of a building permit for a Single Family Detached Unit or a Multi- Family Unit, the owner of such a Single Family Detached Unit or a Multi-Family Unit may prepay the Annual Maximum Special T~ in full or in part by making a cash payment to CFO CUSD Mitigation Agreement No. 94-1 Kaiza Poinsettia Corporation BAKW.tGtAJl/ajs/1JII.JIJ 3042.10 • ,n1,,u • ..,__ Draft 2 C-4 .. No. 3, in which case the Annual Maximum Special Tax for the Initial Fiscal Year, and each Fiscal Year thereafter, shall be reduced according to the following steps: a. Determine the maximum prepayment if the owner were to prepay the Annual Maximum Special Tax in entirety. For building permits issued prior to July ~' 1994, the maximum prepayment for a Single Family Detached Unit is $6,616 and a Multi-Family Unit is $5,295. For building permits issued on or subseq1:1ent to July 1, 1994, the maximum prepayment shall increase by 3% per annum, commencing July 1, 1994, and each July 1 thereafter until July 1, 2008, upon which date the maximum prepayment shall be fixed and shall not thereafter increase. b. Determine the Single Family Detached Unit's or Multi-Family Unit's revised Annual Maximum Special Tax by multiplying the Single Family Detached Unit's or Multi-Family Unit's applicable Annual Maximum Special Tax for the Initial Fiscal Year determined pursuant to Section C. l. by (one minus the quotient obtained by dividing the cash payment made by the owner pursuant to this Section F .1.b. by the maximum prepayment obligation determined pursuant to Section F.l.a). The Single Family Detached Unit's or Multi-Family Unit's revised Annual Maximum Special Tax for the Initial Fiscal Year, and each Fiscal Year thereafter, shall be the Annual Maximum Special Tax for the Single Family Detached Unit or Multi-Family Unit for purposes of Sections C. and D. herein. 2. After the Issuance of a Building Permit After the time a building permit has been issued for a Single Family Detached Unit or a Multi- Family Unit, and prior to May 1 for the next succeeding Fiscal Year, the ownet-of such Single Family-Detached Unit or a Multi-Family Unit's Parcel may prepay the Annual Maximum Special Tax in full or in part by making a cash payment to CFD No. 3, in which case the Annual Maximum Special Tax for the applicable Fiscal Year, and each Fiscal Year thereafter, s~all be reduced according to the following steps: a. Compute the present value of the Annual Maxi'muin Special Tax at the weighted average coupon rate of the outstanding Bonds, or 7 % if no Bonds have been issued by CFD No. 3 at the time of this calculation, using a period equal to the lesser of the remaining term for which Annual Maximum Special Tax may be levied on such Developed Property or the remaining term of all outstanding Bonds; then b. Multiply the amount determined in Section F.2.a; above, by the owner's desired prepayment percentage (which shall be a minimum of twenty percent (20%) of the present value of the total Annual Maximum Special Tax) to determine the prepayment · amount subject to additional adjustments as specified below; then c. Add the following to the result of Section F.2.b.: CUSD Mitigation Agreement No. 94-1 Kaiz.a Poinsettia Corporation BAKV,'AG/Alllajlll7JII.OJ »:2.10 -!,'27'94 • 11ai1ima1 Draft 2 C-5 i) Call premium as may be required in the Bond Indenture; · ii) Bond interest on the amount determined in Section F.2.b., above, at the applicable weighted average interest rate on the Bonds issued and outstanding, if any, to the next available Bond call date or 7% to a maximum of ten (10) years if no Bonds have been issued by CFO No. 3 at such time; iii) Unpaid special taxes, interest and penalties, if any, which have been entered on the Assessor's tax roll; iv) and a $75 administrative charge per Single Family Dwelling Unit or Multi-Family Unit; then d. Subtract the following from the result of Section E.2.c.: i) Such Developed Property's pro rata share of the bond reserve fund allowance, computed at the rate used in establishing the reserve fund. for outstanding Bonds, if applicable. Such Developed Property's pro rata share of the bond reserve fund shall be determined by multiplying the rate used in establishing the reserve fund by the quotient obtained by dividing such Developed Property's Annual Maximum Special Tax by the total Annual Maximum Special Tax for all Assessor's Parcels classified as Developed Property within CFO No. 3 for which such Bond(s) were issued. In cases where the prepayment percentage in Section F.2.b. is less than 100%, such Developed Property's pro rata share of the reserve fund shall be multiplied by the prepayment percentage to determine the applicable portion of reserve fund allowance. e. Subtract the following from the result of Section F.2.d. to determine the owner's cash payment required to be made to CFD No. 3: i) The interest earnings expected to be generated from the proceeds in Section F.2.d. taking into account the disbursement r~uirements of the proceeds at the reinvestment rate as determined by the CFO No. 3 from the date of discharge to the next availa~le Bond call date, if applicable. e. The Annual Maximum Special Tax applicable to such Developed Property utilizing a prepayment percentage less than 100% percent shall be revised in the Fiscal Year following the date of prepayment by multiplying such Developed Property's Annual Maximum Special Tax by the prepayment percentage actually determined in Section F.2.b. Such Developed Property's revised Annual Maximum Special Tax for the Fiscal Year fqllowing the date of prepayment, and each Fiscal Year thereafter, shall be the Annual Maximum Special Tax for such Developed Property for purposes of Sections C. and D. herein. G. Manner of Collection CUSD Mitigation Agreement No. 94-1 Kaiz.a Poinsettia Corporation BM-W AO/ All/1,;..rT.ll l .OJ 3042.10 , l/27194 • R.llim,I Dftl\ 2 C-6 ... .. The Annual Maximum Special Tax will be collected in the same manner and at the same time as ordinary ad valorem real property taxes. The Annual Maximum Special Tax shall be subject to the same penalties and the same procedure, sale and lien priority in case of a delinquency as provided for w_ith ad valorem taxes. The collection of the Annual Maximum Special Tax shall otherwise be subject to the provisions of the Act. The Board reserves the power to provide for alternative means of collection of special taxes as permitted by the Act. · H. Termination of Annual Maximum Special Tax Levy Provided that Special Taxes previously levied on an Assessor,s Parcel are not · delinquent, the lien of special taxes of CFD No. 3 shall terminate as to such Assessor, s Parcel at the close of the thirtieth (30) Fiscal Year following the beginning of the Initial Fiscal Year for such Assessor's Parcel. Furthermore, provided an owner within CFD No. 3 fully and completely discharges their special tax obligation pursuant to Sections F. 1 and/or F .2, the lien of special taxes of CFO No. 3 shall terminate. Pursuant to Section 53330.5 of the Act, the Board shall, upon written request, cause to be recorded in the official records of San Diego County a Notice of Cessation of Special Tax Lien for each Assessor's Parcel upon termination of the lien on such Assessor's Parcel. I. Review/ Appeal Board The Board shall establish, as part of the proceedings and administration of CFO No. 3, a special Review/Appeal Board. Any landowner who feels that the amount of the Annual Maximum Special Tax, as to their Assessor's Parcel, is in error may file a notice with the Review/ Appeal Board appealing the amount of the levy. • The Review/ Appeal Board shall interpret this Rate and Method of Apportionment of the Special Tax and make determinations relative to the annual administration of the special tax and any landowner appeals, as herein specified. CUSD Mitigation Agreement No. 94-1 Kaiu Poinsettia Corporation BAXWAGIAlliajn/13&1.03 C-7 J04l.lO -51'27194 -it.111m1 Dralt l ... EXHIBIT "D" METHODOLOGY OF FAIR SHARE DETERl\.fiNA TION BY SCHOOL DISTRICT AS TO FUTURE LOCAL BONDED INDEBTEDNESS $a(ci9l:)t#~!!m~:[:Nffilga,.µ9ff.fl.!iyffi~iitili:ffipt!J'Uly:::ti'~;[lffl:a:::: Ii':'.I~':'~s.ts G<li'::[#iiµ~ijqij;)1lreii'.4y::;;~¢c1UG~~ff.J:11]H:rn:rnw:=::rn;::::J:IJ'i}fi'}@:; =;= ;;;;; :tt;li]irnf $,'. ~1 ~. !iii!i!:j;!:iil!i{f;!?\i\ rrn§::,somtat.@pooiw~,t~)5.6m$!)~:qarn:P.¢t;::$JOU::§t;;3,j~~i9:mv.fil.4~tiottJot:atFa$$l.\m~ ~ogmoo1=vatm?l9n;:;m;:;rt::~~J:ru:::,<:>:wnqo~::ijoqqjfii#l'ap.vt§y§at~,tJmr:=r~rtillg mt'::vatorem ~::r~g;:::#$M1w!~~:;:1g:;:tA$;1:Mi~::::&!!qsi:)1.r{i@t~i4¢fiss:::teyJm:m.1.:~::~l.l~ ~}Q;:w.e:t¢t ;~@ $§Q/~#::;ym~::rmg:::§&s.~tt99MRf::§#::;el~m~:::~1U1arI~r~:r¢9,il;§§i§;g:Jg~':~g:::yfiloferfi:§j}l;jr'lega119 P¢1:@.~$1°QJ~::.qt,,~;::3.;=fst.~4Jt'::4gjlµ$t.rn~li~:::S~jtj:w.~~:::9f::<?.FPrnN<>i:::::q~;i1i1; CUSD Mitigation Agreement No. 94-1 Kaiz.a Poinsettia Corporation BAXW AG/ AB/a_inl'T.ll 1.03 3042.10 · l/27/94 • R.11iDa1 DnA 2 D-1 ST ATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) On _______ , before me, ____________ personally appeared (here insert name and title of the officer) __________ personally known to be (or proved to me on the basis of satisfactory evidence) to be the person)s) known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature _____________ _ Notary Public CUSD Mitigation Agreement No. 94-1 Kaiza Poinsettia Corporation BAKW AG/ ABl■.iaf7Jll .m 3042.10 • l/27/IM • llallillld Dnft 2 ... STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) On _______ , before me, _____________ personally appeared (here insert name and title of the officer) __________ personally known to be (or proved to me on the basis of satisfactory evidence) to be the person)s) known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature _____________ _ Notary Public CUSD Mitigation Agreement No. 94-1 Kai7.a Poinsettia Corporation BAICWAG/All/1,illf7lll ,IIJ JOl2.1D • S.':'7'9t • llllllilllll Dnft l Reso1u·:0 on .. c. 20-939' RESOLUTION OF THE BOARD OF TRUSTEES OF THE CARLSBAD UNIFIED SCHOOL DISTRICT ADOPTING SCHOOL FACILITIES FINANCING PLAN FOR MANAGEMENT ZONES 9 AND 20 OF LOCAL FACILITIES MANAGEMENT PLAKS OF THE CITY OF CARLSBAD WHEREAS, the City of Carlsbad ("City") has adopted a Public Facilities element ("Public Facilities Element") and other provisions of its general plan ("General Plan") together with Ordinance No. 9808 establishing a Growth Management Program ("G~IP" J for City which prohibits any further approval of development unless K-12 School Facilities are assured by the Carlsbad Unified School District ("CUSD") to be available as any such development occurs; and WHEREAS, the representatives of various developers and owners of property in Management Zones 9 and 20 of Local Facilities Management Plans of the City have requested or may request that CCSD furnish such assurances to the City as required by the GMP and the General Plan, including but not by way of limitation. its Public Facilities Element; and \VHEREAS. Zones 9 and 20 are comprised or will be comprised of one or more separately owned parcels of land. with each owner having individual and varying development goals and horizons: and ·wHEREAS, the pending Zone 9 and Zone 20 Specific Plans will provide a framework for future development and a condition of any approval thereof shall be compliance with the Zone 9 and Zone 20 Local Facilities Management Plans as herein specified and the City's General Plan, Public Facilities Element and GMP regarding all public facilities, including K-12 School Facilities of CUSD. NOW, THEREFORE, BE IT RESOLVED, DETER\IINED AND ORDERED AS FOLLOWS: Section 1. That the Specific Plans for Zones 9 and 20. Local Facilities Plan Amendments and Environmental Impact Reports or other environmental proceedings may be approved by the City provided such Local Facilities Plans as amended and approval thereof include the condition that no request for any further approval by the City for additional development shall be filed or deemed complete if otherwise filed unless CUSD has furnished City with a mutually acceptable mitigation agreement that has been executed by all owners as to which such application applies. that such an agreement has been recorded and any outstanding financial encumbrances have been subordinated of record to such agreement. -1- BAKW&G/ AB.'fb/6640.02 Sectjon 2. That if all owners of a proposed cievelopment within Zone 9 and Zone 20 ha\ e not executed and implemented a mutually acceptable mitigation agreement as specified abo\·e. no request for any further approval by _the City for additional development shall be filed or deemed complete if otherwise filed unless a community facilities district consistent with attached Exhibit A has been formed, voter approved. judicially validated and all applicable statutes of limitations expired and a subsequent legislative validation has become effe~tive. Section 3. That as a condition hereof and any approval by City, any property in Zone 9 or Zone 20 for which a tentative tract map was filed with the City prior to November 9, 1993. no final maps shall be filed with City unless a mutually acceptable mitigation agreement has been executed with CUSD or the property has been included within a community facilities district consistent with the provisions of the attached Exhibit A. Section 4. That the Superintendent is authorized to furnish a certified copy of this Resoiution to City and is authorized to execute mitigation agreements with owners of all property in Zone 9 and Zone 20 of City in substantially the form attached as Exhibit B. ADOPTED, SIGNED AND APPROVED this 5th day of . November. 1993. APPROVED AS TO FORM: BOWIE, ARNESON, KADI, WILES & GIANNONE Legal Counsel -CUSD BAK',.'&G:AB/fb/6640.0.:!. CARLSBAD UNIFIED SCHOOL DISTRICT \ Q_ Pre idem/Vice President -2- STATE OF CALIFORNIA ) ) COCNTY OF SAN DIEGO ) . I, J. · Edward Switzer, Jr. . Clerk of the Board of Trustees of the Carlsbad Unified School District. do hereby certify that the foregoing Resolution No. 20-9 3 9 4 was duly adopted by the Board of Trustees of the Carlsbad Unified School District at a meeting thereof held on the 5th day o'f November . 1993. and that it was adopted by the following vote: AYES: NOES: ABSTAIN: ABSENT: Dated: BAKW&G:AB/fb/6640.0:: Trustees Packard, Mead, McCormicl<, and Switzer. None. None. Trustee Faithful. November 5, 1993 . ~ )-J f By _ _,,...,~----~~_;;;,;,_;.;_ _____ _ f the Board of 'J:ru~tees of the d Unified Schoijl qistrict -3- .STATE OF CALIFOR.\'IA ) ) COUNTY OF SAN DIEGO ) I. J. Edward Switzer, Jr. . Clerk of the Board of Trustees of the Carlsbad Unified School District, do hereby certify that the foregoing is a true and correct copy of Resolution No. 20-9394, which was duly adopted by the Board of Trustees of the Carlsbad Unified School District at a meeting thereof held on the _J_:Bay of November . 1993, and that the same has not been repealed, amended or rescinded. Dated: November 5, 1993 -4- BAKW&G AB'fb/6640.02 Appendix C -Property Owner List With· Reference Map July 6, 1994 Zont 9 Financt Plan Legend K7 1-· . I 1 I Existing Areas of Development (not a part) Railroad Track Finance Area _.,,:::::::::::::::::::::::::::::::: II Hofman Planning Zone 9 Property Owner Reference Map Assoc·iates ZONE 9 -PROPERTY OWNERSHIP MATRIX Finance Property Ownership** APN Area* Area A Lakeshore Gardens Property 214-171-27 10780 Santa Monica Boulevard 214-171-28 Los Angeles.CA. 90025 Area B Poinsettia Associates 214-430-14 P.O. Box 6652 214-430-22 San Diego, CA 92166 214-430-23 214-430-24 Area B Poinsettia Associates 214-430-18 1018 Rosecrans St. 214-430-21 San Diego, CA 92106 Area B Warren Nichols 214-430-13 1506 S. Coast Highway Laguna Beach, CA. 92651 Area B Pay Less Drug Stores Northwest 214-430-15 9275 SW Peyton Lane Wilsonville, OR. 97070 Area B Pactel Cellular 214-430-16 7110 Avenida Encinas Carlsbad, CA. 92009 AreaB Ralphs Grocery Company 214-430-17 1100 W. Artesia Blvd. Compton, CA. 90220 AreaB Calvary Chapel North Coast 214-430-19 7188 A venida Encinas Carlsbad, CA. 92009 Area B Poinsettia Village LP 214-430-20 437 S. Highway 101, #404 Solana Beach, CA. 92075 AreaB Bruce Family Trust 214-430-25 6272 Silverwood Drive Huntington Beach, CA. 92647 1 ZONE 9 -PROPERTY OWNERSHIP l\.IATRIX Area B Moorsteen, Kay 214-430-26 P.O. Box 783 San Diego, CA. 92112 Developed Rosalena Owners Association Inc. 216-420-01 Area C.1 285 Windrose Circle Carlsbad, CA. 92009 Developed 77 Single Family Lots 216-042-02 through 216-042-78 Area C.l -Individually Owned Lots 1-8 Kaiza Poinsettia Corporation 210-140-25 7220 A venida Encinas, Ste. #200 216-140-27 Carlsbad, CA. 92009 216-140-31 216-140-32 216-140-33 216-140-35 216-140-36 216-420-82 Lot 9 Seabluff Associates 216-140-30 276 N. El Camino Real Oceanside, CA 92054 West of Batiquitos Pointe 216-140-19 Railroad 2650 Camino Del Rio N., #100 San Diego, CA 92108 West of Kaiza Poinsettia Corporation 216-140-17 Railroad 7220 A venida Encinas, Ste. #200 216-140-18 Carlsbad, CA. 92009 Area D John M. Lamb and Constance 216-140-16 Sammis, 947 N. La Cienega Blvd., Suite H, Los Angeles, CA 90069 Area D Batiquitos Bluff 216-140-34 2650 Camino Del Rio N. #100 San Diego, CA. 92108 2 r ZONE 9 -PROPERTY OWNERSHIP MATRIX AreaD State of California 216-030-66 216-042-07 216-140-08 216-140-22 216-140-23 Area E State of California 216-041-23 216-041-25 AT&SF RR North San Diego County Transit 216-042-09 Right-of-Way Development, BOA 216-042-10 216-140-02 * ** See Zone 9 Property Owner Reference Map for property locations Ownership is based on the San Diego County Assessor Rolls obtained from the City of Carlsbad on May 13, 1994. 3